Among the most frequent objections raised in Canadian examination is one that concerns the description of the associated goods and services. Statements of goods and services accepted elsewhere, including in many Madrid designations, are often found not to comply with Canadian requirements. The requirement Section 30(2)(a) of the Trademarks Act and section 29 of the Trademarks Regulations require a statement of the goods and services in ordinary commercial terms, describing ea

Since Canada joined the Madrid Protocol in June 2019, designating Canada has become a routine part of international filing strategies. Canadian examination has its own requirements, and a provisional refusal from CIPO is common. Here's what to expect and how to respond. When the refusal arrives Canada has extended the period for issuing provisional refusals from 12 to 18 months. CIPO must notify WIPO within 18 months of the designation whether the mark can be protected in Can

Canada does not require use of a trademark before registration, but an unused registration is vulnerable. Section 45 of the Trademarks Act gives anyone a quick, inexpensive way to challenge it three years after registration. How section 45 works After three years from the day a trademark is registered, the Trademarks Office will, at the written request of any person who pays the prescribed fee, give notice to the registered owner requiring it to furnish within three months an

Trademark squatting is a familiar risk for brands expanding internationally. Someone learns a foreign brand is heading to Canada, files for the same mark first, and then offers to sell it back. Since 2019, Canadian law has had a direct answer to this. The case that set the standard In Beijing Judian Restaurant Co. v. Meng, 2022 FC 743, the Federal Court found that the registration for the JU DIAN & Design Mark was registered in bad faith, and therefore invalid and should be e

If someone is using your photograph, artwork, or music without permission, you may have a claim for copyright infringement. An increase...