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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]
The trademark applicant and opponent then submit pleadings, evidence and arguments to the Trademarks Opposition Board (an administrative body within CIPO), which hears and makes decisions in opposition proceedings. [3] [4] [5] The Board can either refuse the trademark application (in whole or in part) or reject the opposition. [4]
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 ...
The "Canada" wordmark on the Canadarm. The Federal Identity Program (FIP, French: Programme de coordination de l'image de marque, PCIM) is the Government of Canada's corporate identity program. The purpose of the FIP is to provide to the public a consistent and unified image for federal government projects and activities. [1]
Founded on 25 June 1993, [4] the Department of Canadian Heritage was initially created by Kim Campbell from parts of several other federal departments, combining responsibility for official languages, arts and culture, broadcasting, parks, and historic sites, as well as programs in the areas of multiculturalism, citizenship, state ceremonial, amateur sport and the National Capital Commission. [5]
The Government of Canada (French: Gouvernement du Canada) is the body responsible for the federal administration of Canada.The term Government of Canada refers specifically to the executive, which includes ministers of the Crown (together in the Cabinet) and the federal civil service (whom the Cabinet direct); it is alternatively known as His Majesty's Government (French: Gouvernement de Sa ...
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