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.
Objections alleging that a trademark is not inherently distinctive have become one of the most controversial aspects of the changes to Canada’s trademark law. In this article, we review what this objection means and how to consider addressing it.
Canadians are at least passingly familiar with the fact that Newfoundland and Labrador has its own time zone. What is less commonly known is that Newfoundland and Labrador also has its own register of trademarks – the only province to do so. Given historical quirks, those registrations may last forever.
In December 2019, the Supreme Court of Canada released a decision which revised the standard of review for appeals from various administrative boards, including from the Trademarks Opposition Board.