Share This :Trademarks are territorial by nature. This means that protection is achieved and enforceable on a country-specific basis. For example, a Canadian trademark registration provides exclusivity in Canada, whereas a Jamaican trademark registration will do the...
Share This :Knowledge is power, especially when it comes to protecting your intellectual property. Knowledge of your rights coupled with the registrations to prove you own your intellectual creations transforms your business into an impenetrable fortress. Freely...
Share This :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 for this reason that generic terms are not protectable as...
Share This : 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 entitlement of exclusiveness through use. Indeed, the statutory...
Share This :Section 22 of the Canadian Trademarks Act – Depreciation of Goodwill, is fast becoming a popular mechanism for established brand owners in Canada seeking to protect their trademarks from dilution. In cases where claims of trademark infringement and...
