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News

  • Trademarks

    Leave to File New Evidence on Appeal from Opposition Board: The Test

    On April 1, 2025, several amendments to Canada’s Trademarks Act (the “Act”) came into force that have significantly impacted practice before the Opposition Board. One of the most notable is a new requirement to seek leave to file new evidence in any appeal of a Board decision to the Federal Court. We now have some guidance from the court respecting the relevant legal test.

    20 Mar, 2026

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  • Trademarks

    REGISTERING SURNAMES AS TRADEMARKS IN CANADA

    For many businesses, a family name is more than just an identity; it is their legacy. The branding for countless businesses is built around surnames, with founders proudly placing their names on storefronts, packaging, goods, and advertising. Goodwill in the surname can develop over years and sometimes generations in business. Yet registering a surname as a trademark in Canada is not simple.

    14 Mar, 2026

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  • Copyright

    BACKGROUND, FOREGROUND & RESULTING TECHNOLOGY: Making Sense of IP Ownership in Composite Works

    When parties contribute pre-existing IP to or jointly develop new IP, questions often arise about the licensing and ownership of IP rights in the deliverables. It is critical that the terms "background", "foreground" and "resulting" technology be properly defined to correspond to how that category of IP is assigned or licensed to the parties in the agreement. In this regard, it is important to appreciate the legitimate and competing interests of the parties in the contents of a composite work.

    20 Feb, 2026

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  • Trademarks

    Amendments to Trademarks Act Come into Force April 1, 2025

    Amendments to the Trademarks Act introduce practice changes at Opposition Board and Federal Court. Opposition board will have new authority to award costs, issue confidentiality orders and revoke official marks. At the Federal Court, parties will be required to seek leave to file fresh evidence on appeal and to demonstrate use of trademarks registered for less than 3 years prior to enforcement.

    20 Mar, 2025

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  • Trademarks

    Section 45 Pilot Project

    Beginning in January 2025, the registrar launched a pilot project to proactively remove marks from the trademark register in Canada that are no longer in use. The hope is to more efficiently clear marks regarded as “deadwood” from the trademark register and to amend registrations to more accurately state the scope of associated goods and services.

    14 Feb, 2025

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  • AI

    Generative AI in the Practice of Law

    This article explores how generative AI is shaping legal practice, highlighting both its efficiency benefits and risks, particularly AI-generated hallucinations and stresses that human oversight and ethical responsibility remain essential.

    17 Jan, 2025

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