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Generic Marks and Genericism
Distinctiveness is the heart of a valid trademark. At its core, a trademark must actually distinguish, or be adapted to distinguish the goods and services of one provider from those of others. It is...
Use it or Lose it … Federal Court of Appeal Provides Clarity on What Constitutes Trademark “Use” for Services on the Internet
Use is a fundamental concept in Canadian trademark jurisprudence. The Canadian Trademarks Act (the “Act”) confers priority rights to the first user of a trademark and codifies the common law...
The Most Common Trademark Mistakes Made by New Product Entrepreneurs
I recently participated on a panel discussion about what it takes to bring a product to market. I want to share with you some of the product trademark insights that I shared in that discussion. As a...
Transformation of Madrid Protocol Applications into Canadian Trademark Applications
What happens to your Madrid Protocol trademark application if your home country trademark application is rejected? Let’s backtrack a bit. The international procedure under the Madrid Protocol (the...
5 Reasons You Need to Trademark
Are you operating your business without a trademark registration? My name is Cynthia Mason. I am a Canadian lawyer and trademark agent, and I specilize in helping businesss. protect their brands. One of the most tragic situations I see as a trademark lawyer happens when a business owner, who has invested so much into launching […]
How to protect your trademark online
My name is Cynthia, and I’m a Canadian lawyer and trademark agent with Mason Professional Corporation and Markably.ca. We’re in this time of physical and social distancing, and in response, a lot of businesses are moving their products and services online. And so I thought, what better time than now to have a little discussion […]
What is a Trademark?
One of the questions that I received this week from a client was, “Can a hashtag be a trademark?” And the answer to that is actually not as simple as you think. It really depends on how you’re using it. I think the ultimate question comes down to what is a trademark? Oftentimes people don’t […]