The Federal Court found that the Commissioner of Patents failed to follow the jurisprudence on determining patentable subject matter. In the recent decision of...
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News
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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Oyen Wiggs recognized in the 2026 Edition of Best Law Firms™ – Canada
Oyen Wiggs is honoured to be recognized once again in the Best Law Firms – Canada Region publication (released by Best Lawyers). Best Lawyers...
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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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