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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.
[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.
Canadian pressure laws, Acts, rules & regulations are enforced by provincial and territorial safety authorities. Unlike the United States where licensed professional engineers may stamp pressure equipment and pressure system/plant drawings in the non-nuclear sectors for construction, in Canada in general a professional engineer who is not employed by a safety authority does not have that same ...
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]
The Canadian Intellectual Property Office (CIPO), part of Industry Canada, administers intellectual property laws concerning the registration of patents, trade-marks, copyrights, industrial designs and integrated circuit topographies.
Section 6 of the Trademarks Act sets out the situations where a trade-mark is confusing: . 6.(2) The use of a trade-mark causes confusion with another trade-mark if the use of both trade-marks in the same area would be likely to lead to the inference that the wares or services associated with those trade-marks are manufactured, sold, leased, hired or performed by the same person, whether or ...
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 ...
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