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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.
In many countries, trademark attorneys have rights of audience before intellectual property courts, [2] and benefit from attorney–client privilege. [3] Unless they are also members of the general legal profession, as they are in the United States, their right to appear in Court is usually limited to trademark matters.
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]
Marks & Clerk is an international group of intellectual property service providers, encompassing patent attorneys, trade mark attorneys, lawyers and consultants.Including partners, it currently employs over 300 legal practitioners worldwide and over 550 other staff. [1]
An unregistered trademark may receive protection under the federal "Lanham Act" (15 USC § 1125), which includes prohibition against commercial misrepresentation of source or origins of goods. Unlike other trademark statutory provisions, a claim under the Lanham Act may permit a party to recover attorneys' fees and costs. [12]
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