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Trademark distinctiveness is an important concept in the law governing trademarks and service marks.A trademark may be eligible for registration, or registrable, if it performs the essential trademark function, and has distinctive character.
The owner listed on the registration is presumed to be the true owner of the trademark rights; Presumption that the mark has not been "abandoned" through non-use; Access to Federal Courts for litigating trademark infringement "Incontestability." After five years of unopposed registration, a trademark is eligible to become "incontestable."
Under Canadian copyright law, an eligible work must be original to its author, not copied from another work, and requires more than trivial or mechanical intellectual effort. [24] In the case of CCH Canadian Ltd v Law Society of Upper Canada, the Supreme Court of Canada examined the different approaches taken to the definition of originality ...
The 1992 amending legislation secures this second term for works copyrighted between January 1, 1964, and December 31, 1977, without a renewal registration requirement. This system has been referred to as an "opt-out" system because it provides for copyright protection even if it is not requested by the author of a work.
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.
Applicants who are not United States citizens and do not reside in the U.S. are not eligible for registration except as permitted by 37 CFR § 11.6(c). [56] None of the world's countries except Canada reciprocates, giving U.S. citizens the right that the U.S. grants to their citizens. [57]
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According to industrial property Act 2001, an industrial design is defined as "any composition of lines or colours or any three-dimensional form whether or not associated with lines or colours, provided that such composition or form gives a special appearance to a product of industry or handicraft and can serve as pattern for a product of industry or handicraft" .