Oyen Wiggs is proud to announce the recognition of three of its lawyers, Gavin Manning, David McGruder, and Hilton Sue as leading lawyers in...
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News
Federal Court of Appeal Confirms Claims Invalid Where Key Term Is Indeterminate
In AP&C Advanced Powders & Coatings Inc. v. Tekna Plasma Systems Inc., the Federal Court of Appeal dismissed AP&C Advanced Powders & Coatings Inc....
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No “Person in the Loop” Required: FCA Clarifies Admissibility of Online Survey Evidence in Trademark Proceedings
In trademark cases, online surveys may be admissible as evidence; however, they must be properly designed and free from methodological flaws that may otherwise...
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Recent TMOB Decision Confirms Relatively Low Evidentiary Threshold for Section 45 Proceedings
Trademark registrants take note – a recent decision from the Trademarks Opposition Board (TMOB) highlights the relatively low evidentiary threshold required to maintain a...
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Federal Court Reminds Plaintiffs To Be Specific When Alleging Patent Infringement
In a recent decision on a motion to strike, the Federal Court struck a patent infringement statement of claim in its entirety, with leave...
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Registrar-initiated trademark expungement proceedings are “pruning the deadwood
The Canadian Intellectual Property Office’s (CIPO) 2025 pilot project on Registrar-initiated trademark registration expungement has begun to result in the expungement of trademark registrations,...
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Federal Court Provides Guidance on Filing Additional Evidence in Trademark Appeals
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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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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