Archive for the "Legislation" Category

Section 45 Proceeding Practices to Change Again?

Posted by Jeffrey Vicq on January 9th, 2009

The Canadian Intellectual Property Office has announced that it will soon open a public consultation period relating to proposed changes to Section 45 proceedings.  The Office advises its goal is to modernize and streamline the Registrar’s practice; what precisely this means, however, is not yet known. Nonetheless, a few details have emerged: the anticipated changes [...]

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Practitioners Warm to Cooling-Off Periods

Posted by Jeffrey Vicq on January 7th, 2009

Regular readers of the Canadian Trademark Blog will recall that this past fall we reported on a public consultation undertaken by the Canadian Intellectual Property Office respecting proposed revisions to trademark opposition proceeding practices. CIPO has recently released a compendium of the comments and suggestions it received during the consultation process. While the submissions touch [...]

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“Bad Faith” Decision Bad News for Applicants?

Posted by Jeffrey Vicq on November 28th, 2008

A recent Opposition Board decision highlights a little-examined area of Canadian trademark law, raising questions pertaining to the entitlement to file a trademark application, and issues of good faith related thereto. In Cerveceria Modelo, S.A. de C.V. v. Marcon, issued August 12, 2008, the Trade-mark Opposition Board upheld an opposition brought by Cerveceria Modelo against [...]

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