At the request of McMillan LLP, the Registrar of Trademarks issued a section 45 notice requiring Gallagher Benefit Services (Canada) Group Inc. to demonstrate...
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IP News
A High-Stakes Dose: Supreme Court of Canada to Weigh in on Patenting Methods of Medical Treatments
Attention, pharmaceutical companies and medical practitioners! The Supreme Court of Canada (“SCC”) is poised to revisit one of the most consequential issues in Canadian...
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TMOB Refuses Registration of “VUALA” Trademark Over Likelihood of Confusion with “VOILA”
In the recent decision of Sobeys Capital Incorporated v. CCP Productos, S.A.P.I. de C.V., the Trademarks Opposition Board (TMOB) allowed an opposition filed by...
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FEDERAL COURT DISMISSES G6 APPEAL IN “SIX STAR” TRADEMARK DISPUTE
In its recent decision G6 Hospitality IP LLC v. Sandals Resorts International 2000 Inc., 2025 FC 1430, the Federal Court upheld a Trademarks Opposition...
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Federal Court of Appeal Decisions Confirm Strict Application of the Due Care Standard
The Federal Court of Appeal has made it clear: Canada’s “due care” standard for reinstating patents and patent applications is applied very strictly. In...
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No Use, No Problem! Acquisitions Breath New Life into Unused Marks
Parties engaged in the purchasing of trademarks received good news recently with the Federal Court of Appeal confirming that recent arms-length acquisitions of trademarks...
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College of Patent Agents and Trademark Agents connecting trainees with supervisors
Prospective patent agents and trademark agents now have a new tool to assist in completion of their apprenticeships. Patent agent trainees and trademark agent...
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Trademark Application for FLUENCE BIOENGINEERING Refused Over the Use of “Engineering”
A recent decision by the Trademarks Opposition Board serves as a reminder that use of protected professional designations such as “engineer” or “engineering” as...
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New and Improved Plant Breeder’ Rights Regulations are on the Horizon
Plant breeders’ rights (PBR) are a form of intellectual property, somewhat similar to patents, that protect new plant varieties by offering plant breeders a...
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POOR EVIDENCE, LOST TRADEMARK – FEDERAL COURT DECISION ILLUSTRATES THE IMPORTANCE OF EVIDENCE IN SECTION 45 CHALLENGE
Canadian trademark owners facing a “use” challenge must provide clear, specific, and time-relevant evidence to show use of the trademark—or risk losing their registration....
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