By Janice Bereskin, Toba Cooper and Luca Manfredi. Barely five years after Canada’s “green rush”, interest in psychedelics for both medical and recreational use has increased dramatically. According to current estimates, the industry will grow at double-digit annual rates between now and 2027. Trademark practitioners expect a repeat of the cannabis trademark rush, but this…
The Canadian Intellectual Property Office (“CIPO”) published two new practice notices on Monday, May 3rd, 2021, dealing with expedited examination and improving timeliness in examination. The prospect of expedited and more timely examination will be welcomed by trademark owners, frustrated with extended delays in examination. Expedited Examination Beyond very limited opportunities for marks covering goods…
Many trademark functions of the Canadian Intellectual Property Office (‘CIPO’) have been seriously delayed largely as a result of the pandemic. As practitioners became adjusted to the new reality, so too did CIPO, who has worked diligently to overcome administrative problems caused by the pandemic. That said, the pandemic and issues relating to Madrid adherence…
Much has changed since the new Canadian Trademarks Act came into effect on June 17th 2019. Although practitioners were advised well in advance of the legislative and regulatory changes, there were many surprises, some unwelcome. Below are a few noteworthy changes that applicants should be well aware of before filing in Canada. New “Non-Distinctive” ground…
London’s weather was very generous to AIPPI participants this year. It was not so hard to get up early and attend the breakfast panel on Genuine Use of trademarks organized by Wolters Kluwer as part of the 2019 AIPPI World Congress in London. The panel was moderated by Eléonore Gaspar (DTMV, France). Eléonore presented the…
For over five years, Canadian trademark practitioners have been preparing for Canada’s new trademark law. We have been advising clients, writing articles, attending seminars, reviewing new Regulations & Practice Notices, and updating our internal systems preparing for the most significant changes in one hundred and fifty years. After several delays, most sections of the new…
It was a long and cold winter in most of Canada – more so than usual and during that time, the Canadian IP community kept busy shoveling snow and preparing for the many amendments to Canada’s Trademarks Act, finally confirmed to be in force on June 17, 2019 (the “coming into force” or CIF date)….
On October 17, 2018 Canada legalized recreational cannabis, offering opportunities and challenges for businesses in this emerging field. Even before legalization, there was a notable increase in Canadian trademark filings covering cannabis products, services and related accessories. Unfortunately, many of these mark may never be legally used in Canada due to restrictions on brand use,…
More than four years since major amendments to the Canadian Trademarks Act were passed, the government has signaled that implementation is finally expected in the spring of 2019. These changes are the most significant changes since the 1950’s. The following changes are of primary interest: Elimination of use as a requirement for registration. Registration will…
