Tag Archives: Trademarks

Canadian Trademark Filings in 2017

About 55,000 trademark applications were filed in Canada in 2017. Of these, about 25% were filed in-house or without an agent (up slightly from previous years, and up from 17% in 2010). Check out my list of the 50 firms/agents that filed the most applications in 2017.

Top 5 trademark filers in 2017: Brandster Branding Ltd., Target Brands, The Procter & Gamble Company, Johnson & Johnson, and L’Oreal. Continue reading Canadian Trademark Filings in 2017

Practice Notices

Three practice notices came to my attention this week:

  • Practice Notice from CIPO for Objection Proceedings for Geographic Indicators under new section 11.13 of the Trade-marks Act
  • Practice Notice and guidance from the Federal Court on the scheduling of applications
  • Customs Notice advising that the Canada Border Services Agency Border Watch Line accepts information on shipments of counterfeit or pirated goods that are dangerous

Continue reading Practice Notices

CETA

Changes to the Patent Act, Patent Rules, Patented Medicines (Notice of Compliance) Regulations and the Trade-marks Act, and new Certificate of Supplemental Protection Regulations come into force on September 21, 2017 as part of Canada’s implementation of CETA. Today, Health Canada released guidance documents on applying for Certificates of Supplementary Protection and on Health Canada’s administration of the PM(NOC) Regulations.

Continue reading CETA

CETA

The final regulations for implementing CETA in Canada were published today in a special edition of the Canada Gazette. As compared to the proposed regulations published earlier this summer, the final versions the IP related regulations are very similar, with no changes to the Regulations Amending the Patented Medicines (Notice of Compliance) Regulations, 2017, two changes to the Certificate of Supplementary Protection Regulations and no changes to Rules Amending the Patent Rules. As reported yesterday, the changes come into force September 21, 2017. Continue reading CETA

Global Injunction

The Supreme Court of Canada issued its decision today in Google Inc. v. Equustek Solutions Inc., 2017 SCC 34, with the majority holding in the 7-2 decision that the trial judge should be given deference in determining an interlocutory injunction, and where it is necessary to ensure the injunction’s effectiveness, a court can grant an injunction enjoining conduct anywhere in the world, including in this case against third-party Google. The underlying proceeding related to passing off and trade secret infringement by a defendant which was conducted outside B.C. through a series of changing websites.

Continue reading Global Injunction

Disparaging Marks

Yesterday, the United States Supreme Court issued its decision in Matal v. Tam where the US Patent and Trademark Office had denied an application for “The Slants” under a Lanham Act provision prohibiting the registration of trademarks that may “disparage . . . or bring . . . into contemp[t] or disrepute” any “persons, living or dead.”  The court held that the disparagement clause violates the First Amendment’s Free Speech Clause. (link)