Archive for the "Uncategorized" Category

Delays Nourish Desires: Canada’s New Trademark Laws Come Into Force June 17, 2019

Posted by Neil Melliship on November 14th, 2018

Earlier today, the Canadian Intellectual Property Office announced that long-anticipated amendments to Canada’s trademark laws will come into force on June 17, 2019.  It also published a new set of Trademarks Regulations, which will support those amendments. First introduced in June of 2014, the amendments contain the most significant changes to Canada’s trademark law in decades, [...]

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Bodum: Appeal Court Affirms Trademark Distinctiveness Analysis

Posted by Larry Munn on October 25th, 2013

An earlier blog commented on the Federal Court’s decision in  Bodum USA, Inc. v. Meyer Housewares Canada Inc.  Bodum commenced an action for infringement, passing off and depreciation of goodwill against Meyer, which counterclaimed for a declaration that Bodum’s registration was invalid.  Bodum’s action was dismissed and the registration expunged. The Court of Appeal has [...]

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Trademark Evidentiary Issues / Colour as a Trademark

Posted by Larry Munn on August 13th, 2013

JTI Macdonald TM Corp. v. Imperial Tobacco Products Limited, a recent decision of the Federal Court, includes interesting findings regarding the introduction of additional evidence on appeals, colour constituting a trademark rather than a distinguishing guise and the evidence necessary to establish non-distinctiveness. Imperial Tobacco applied to register “the colour orange applied to the visible [...]

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