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Canadian trademark law provides protection to marks by statute under the Trademarks Act [1] and also at common law. Trademark law provides protection for distinctive marks, certification marks, distinguishing guises, and proposed marks against those who appropriate the goodwill of the mark or create confusion between different vendors' goods or services.
A trademark attorney frequently begins his or her career by joining a firm of trademark attorneys, or a firm of Intellectual Property attorneys with departments specializing in patent law, trademark law, and copyright law. Increasingly however, large multi-discipline law firms are establishing trademark practices. Trademark attorneys are also ...
Quebec law schools, including the dual-curriculum, bilingual McGill University Faculty of Law, do not require applicants to write the LSAT, although any scores are generally taken into account; nor do the French-language common-law programs at the Université de Moncton École de droit and University of Ottawa Faculty of Law. All of Canada's ...
An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are distinct practising certificates. Becoming a lawyer is a widely varied process around the world.
While most areas of Canadian intellectual property law are within the purview of Parliament and the Federal government, the Supreme Court of Canada ruled in MacDonald v. Vapor Canada Ltd. that civil remedies pertaining to trade secrets fall within the provincial power over property and civil rights. [12]
Despite their different origins, both the common law and statutory action for passing off share the same general legal analysis. [4] The Supreme Court of Canada held in Ciba-Geigy Canada Ltd v Apotex Inc [5] that there are three necessary elements in a passing off action: The existence of goodwill, Deception of the public due to a ...
[14] [15] If a trademark application is refused, there is a right of appeal to the Federal Court of Canada. [14] [15] If a trademark application is approved, the Trademarks and Industrial Design Branch is also responsible for advertising it in the Trademarks Journal and, ultimately, processing the registration and renewal of the trademark.
Admission to the Bar of Quebec is a prerequisite for practising law in Quebec. [5] Quebec applicants must be graduates of the law faculty of one of six universities: the Université de Montréal, the Université du Québec à Montréal, McGill University, Laval University, the University of Ottawa, or the Université de Sherbrooke. [5]
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