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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...