Sending Cease and Desist Letters in Canada
August 11, 2020
This article, originally published in the July/August 2020 issue of IP Litigator magazine, looks at the potential risks associated with sending a cease and desist letter to an alleged infringer of intellectual property rights in Canada. Read about it here.
Newsroom Articles
Quebec Publishes Draft Regulations Under the Charter of the French Language
On January 10, the Quebec government published for consultation its long-awaited draft regulations (the “Draft Regulations”) under provincial legislation, the Charter of the French language (the “Charter”). The consultation period ends on February 24.
Does Your Trademark Have the Wrong Swag? Describing Goods and Services in Canadian Trademark Applications
The Canadian Intellectual Property Office requires an applicant for a trademark registration to describe its goods and services in "ordinary commercial" terms. However, what is an “ordinary commercial” term is not always easily discernable.
Choose Your Own Source: Adding A Trademark to Someone Else’s Goods
In a recent decision arising from an appeal of a decision of the Trademarks Opposition Board, the Federal Court commented on when a retailer can establish use of a trademark on goods when the retailer is not the “source” of the goods. Specifically, if a retailer simply affixes its own trademark to goods manufactured by a third party, does that constitute use of the retailer’s trademark in association with those goods.