In Products Unlimited, Inc. v. Five Seasons Comfort Limited, the Federal Court provided guidance on recently amended subsection 56(5) of the Trademarks Act and...
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News
New Practice Notice Regarding Form of Evidence in Examination
A trademark application in Canada may be objected to by a trademark examiner on a number of grounds, including if the trademark consists of...
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Hilton Sue Appointed as King’s Counsel
Oyen Wiggs partner, Hilton Sue, KC, has been appointed King’s Counsel (KC) in recognition of exceptional contributions to the legal profession in British Columbia....
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The Registrar may award costs for misleading or unverified authorities in TMOB proceedings
Since April 1, 2025, the Trademarks Regulations has permitted the Registrar to order costs, on request, against a party in summary trademark expungement proceedings...
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Federal Court of Appeal Confirms “New Owner Jurisprudence” in Section 45 Proceedings
Businesses acquiring Canadian trademarks that may have fallen into disuse should take note: in Comité interprofessionnel du vin de champagne v. Coors Brewing Company,...
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CIPO Publishes IP Canada Report 2025
The Canadian Intellectual Property Office (CIPO) recently published its IP Canada Report 2025. The report highlights recent IP filing trends across patents, trademarks, industrial...
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Exclusive right from registered trademark may not include cross-Canada recovery of damages
A trademark registration grants the owner the “exclusive right to the use throughout Canada of the trademark in respect of those goods or services”...
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Federal Court of Appeal Clarifies Role of Patients When Assessing Confusion for Pharmaceutical Trademarks
Novartis AG is the owner of a Canadian trademark registration for BEOVU for use in relation to pharmaceutical preparations for treating neovascular age-related macular...
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Federal Government Announces Intent to Create an Artist’s Resale Right in Canada
Canadian artists should take note as an Artist’s Resale Right may be on the horizon in Canada. In its 2025 Budget, the Canadian federal...
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Canadian Media vs. OpenAI: Ontario Court Gives a Procedural Greenlight
A group of major Canadian media organizations (the “Plaintiffs”) has scored an early procedural victory against OpenAI in Ontario. Justice Kimmel of the Ontario...
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