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Canada Intellectual Property Protection Trademark Act

Smart & Biggar

Official marks in Canada: a unique system with notable flaws

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Formally known as prohibited marks, official marks are a distinctive feature of Canadian trademark law, providing government entities with an exclusive and powerful tool to protect their marks, symbols and emblems. Private...more

Stikeman Elliott LLP

Powering-down Use of Registered Trademarks in Comparative Advertising

Stikeman Elliott LLP on

Section 22 of the Canadian Trademarks Act prohibits the use of a registered trademark “in a manner that is likely to have the effect of depreciating the value of the goodwill attaching thereto”....more

International Lawyers Network

Trademark Use: No Need For A "Bricks And Mortar" Presence In Canada

“Use it or lose it” is a staple expression known to Canadian trademark lawyers. Once a business successfully registers a trademark in Canada, it must “use” its registered mark in Canada or it may lose the protections provided...more

Blake, Cassels & Graydon LLP

IP Q&A: How to Navigate Canada’s Official Marks System

Running parallel to Canada’s trade-mark system is another regime for “official marks”. The official mark regime is exclusive to public authorities such as utilities, broadcasters, hospitals and the like that are subject to...more

Smart & Biggar

Don’t let your brand go to pot (Part II): how cannabis brand owners can cover their “buds” with plant breeders’ rights

Smart & Biggar on

The Canadian federal government is moving quickly towards legalizing the possession and consumption of cannabis for recreational purposes. However, Canada’s cannabis industry is already “overgrown” with many licensed (and...more

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