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[13] [14] If a trademark application is refused, there is a right of appeal to the Federal Court of Canada. [13] [14] 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.
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.
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]
Use of the Nice Classification by national offices has the advantage that trademark applications are coordinated with reference to a single classification system. Filing is thereby greatly simplified, as the goods and services to which a given mark applies will be classified the same in all countries that have adopted the system.
Trademark owned by Philips in the European Union and various other jurisdictions, but invalidated in the United States due to it being merely a descriptive term. [2] [3] [4] Aspirin Still a Bayer trademark name for acetylsalicylic acid in about 80 countries, including Canada and many countries in Europe, but declared generic in the U.S. [5] Catseye
The Trademark Law Treaty (TLT) is a 1994 treaty entered into by a large number of countries establishing procedures for recognizing trademarks registered in other member countries. It operates under the auspices of the World Intellectual Property Organization .
Some of the large trading nations like the United States, Japan, and Canada, which have a large number of filings at the national level, did not join the Madrid Agreement due to another perceived flaw in the system: if the home registration upon which an international registration was based came under 'central attack', the international ...
It was held in Molson Canada v Oland Brewery Ltd that a plaintiff's only recourse against a registered mark is to attack the validity of the registration. [ 21 ] Critics of the Ontario Court of Appeal 's interpretation of the Act in Molson argue that giving priority to registration strays from a fundamental precept of trade-mark law that owners ...