Archive for the "Case Law" Category

Save the Date: the Importance of the Date of First Use in Canadian Trade-mark Applications (for now)

Posted by Kwan Loh on February 16th, 2016

A recent decision of the Canadian Trade-marks Opposition Board, Constellation Brands Québec Inc. c Sociedad Vinícola Miguel Torres, S.A., 2016 TMOB 4 (“Miguel Torres”), serves as a reminder of the importance of stating an accurate and supportable date of first use, when claiming use as a basis for registration in Canada. In Miguel Torres, the Applicant [...]

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Location Matters: The Perils of Geographic Names as Trade-marks

Posted by Andrew Dixon on February 4th, 2016

When choosing a trade or business name it may seem like a good idea to incorporate the location of your business into the name. There are benefits: it is helpful for marketing, it gives your audience an idea of where your business is and who your market is, it can help establish your business in [...]

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Back to school – Keyword advertising 101

Posted by Kwan Loh on August 31st, 2015

In the 21st century, when advertising is frequently conducted via the Internet, the use of keyword advertising has become an increasingly contentious point of trade-mark law. In short, keyword advertising is a form of online advertising in which a business selects words or phrases (the “keywords”) that trigger its advertisements to appear when the user [...]

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