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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IP News
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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TMOB Section 45 Decision: Registration Partially Maintained Despite Variation
Trademark registrants take note – a recent decision from the Trademarks Opposition Board (“TMOB”) serves as a reminder of the importance of using your...
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Federal Court of Appeal Decision provides guidance on principle of claim differentiation
In NCS Multistage Inc. v Kobold Corporation, 2025 FCA 187, the Federal Court of Appeal provides a helpful reminder on claims construction, including that...
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Gallagher Benefit Services Maintains Registration of the Trademark OPTIMUM TALENT
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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