Online brand protection must be taken into consideration, particularly when faced with changing consumer behavior, market uncertainty and rampant misinformation. Social influencers with large audiences that value their opinions on consumer products and health regimes are a valuable tool for
NRF Digital Team
UPDATE ON COVID-19 : CIPO announces extensions in wake of outbreak in Canada
Given the many challenges faced by all businesses in dealing with the COVID-19 outbreak, the Canadian Intellectual Property Office (CIPO) has advised that it will relax filing deadlines for the remainder of March 2020. This decision was first announced on…
Securing a Site-blocking Order in Canada: Sure! But how?
By NRF Digital Team & Renaud Garon Gendron on
The Federal Court has recently issued an order compelling Internet service providers (ISPs) to block their customers from accessing pirate subscription streaming sites operated by anonymous defendants. Although Bell Media Inc. v. GoldTV.Biz, 2019 FC 1432 is the first…
No damages without invalidation ab initio – a look at Wenger SA v Travelway Group International Inc
By NRF Digital Team on
A valid trademark registration is an absolute defence to claims of passing off where there is no significant difference between the impugned mark as registered and the mark being used.[i] This is because a trademark registration gives the trademark…
Appoint your Canadian Trademark Agent for Peace of Mind for Madrid applications
By NRF Digital Team on
On June 17, 2019 Canada acceded to the Madrid Protocol. Foreign applicants can now file a single International trademark application with the International Bureau of World Intellectual Property Organization (WIPO) and request trademark protection in Canada.
Generally, the Canadian Intellectual…
Confusion: More than just the sum of its parts
By NRF Digital Team on
In claims for trademark infringement and passing off, plaintiff success is determined by the ability to establish confusion. Section 6 of the Trade-marks Act (the Act) provides a non-exhaustive list of elements to be considered by the court, namely…
How a chatbot helps you prepare for the Trade-marks Act
Sweeping changes to the Canadian Trade-marks Act will finally be implemented putting Canadian brand owners on equal footing with the rest of the world.
Taking effect on June 17, 2019, the changes will allow for the consistent classification of a brand owner’s goods and services as Canada will finally adopt this process under the Nice Agreement.
Canada will also be eliminating the requirement for filing a declaration of use for those applications that were filed under proposed or intent to use. This means that owners will not need to have a commercial sale prior to registration.
Save before Canada gets “nice and classy” with its fees: File and renew early!
By NRF Digital Team on
As Canada is finally adhering to the Nice Classification system, one of the most significant changes that trademark owners will notice is that government fees for filing and renewal will go up – significantly for some!…
Ad Standards Canada updates its Dispute Procedure
By NRF Digital Team on
Advertising Standards Canada (“Ad Standards”) is a not-for-profit self-regulatory body that provides competitors with a confidential forum for the resolution of advertising disputes as an alternative to a court action. The process for dispute resolution with Ad Standards is governed by the Advertising Dispute Procedure (the “Dispute Procedure”). The Dispute Procedure is intended to provide a quick, pragmatic and cost-effective process to resolve advertising disputes and facilitate the expeditious amendment or withdrawal of advertising that contravenes the Canadian Code of Advertising Standards (the “Code”).
Canada: Further trademark amendments are here — Bill C-86 is given Royal Assent
By NRF Digital Team on
Canada’s core IP statutes have been amended by Bill C-86, which received Royal Assent as the Budget Implementation Act, 2018, No. 2, SC 2018, c 27 on December 14, 2018. The final version of the legislation includes amendments to the Trade-marks Act that are substantially identical to the version that received first reading on October 29, 2018.