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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.
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]
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 ...
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 ...
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.
[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.
Mattel Inc v 3894207 Canada Inc [2006] 1 S.C.R. 772, 2006 SCC 22 is a leading decision of the Supreme Court of Canada on the infringement of famous trade-mark names. The Court found that Mattel Inc. could not enforce the use of their trade-marked name "BARBIE" against a restaurant named "Barbie's".
Template:Canadian intellectual property law; Canadian Intellectual Property Office; Ciba-Geigy Canada Ltd v Apotex Inc; Confusion in Canadian trademark law; F.
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