Archive for the 'Trade-marks' Category

Trademark Use Online

Tuesday, October 8th, 2013

Canadian Lawyer Magazine recently published an article entitled “Uses and abuses of trademarks online”, which illustrates the difficulty that trademark lawyers face when trying to determine whether a particular online display of a foreign trademark will (or will not) be deemed “use” of that trademark within Canada.

Why do I need to Trademark?

Tuesday, October 1st, 2013

Here’s a good, straightforward article on why a business should trademark their business name.

Vancouver Olympic Organizing Committee to Trade-mark part of our Anthem

Thursday, September 25th, 2008

The Globe and Mail reports today that the Vancouver Olympic Organizing Committee (VANOC) quietly applied to the Canadian Intellectual Property Office for trade-mark rights to the phrase “with glowing hearts” which is part of the well-known refrain in our national anthem O Canada: “With glowing hearts we see thee rise, the true North strong and […]

Alberta Premier wants his Domain

Friday, January 11th, 2008

CBC News reports that Alberta Premier Ed Stelmach is defending his decision to send lawyers after blogger Dave Cournoyer who owns the domain name (note: that domain previously redirected to his blog, now redirects to a wikipedia entry).

Reading the blog, it seems like Mr. Cournoyer is not willing to comply with the demand […]

Trade-mark Assets sold for $1.5million

Wednesday, January 2nd, 2008

It’s not often that I come across news about Canadian trade-mark assets being sold, so I was intrigued when I saw the headline Electrohome completes the sale of the corporation’s trade-marks on CNW Group’s new releases.

Electrohome Limited announced that, effective yesterday, it completed the sale of its trademarks to SYNNEX Canada Limited; which was previously […]

Interesting TM Oppositions

Sunday, December 2nd, 2007

In addition to my periodic postings about fun trade-marks, I thought it might also be amusing to see what new trade-mark oppositions are being filed.

Looking back through CIPO’s database for the last couple of weeks, I note the following interesting new oppositions and proposed oppositions:

FACEBOX - 1,316,122, by Incrowd […]

Fun Trade-marks

Sunday, December 2nd, 2007

This week’s (pdf) and last week’s (pdf) Trade-marks Journal had a number of amusing trade-mark applications advertised:

NAKED MINERALS - 1,336,605, by Yem Inc. for cosmetics and mineral make-up that, according to their website, is so light and comfortable a wearer won’t know she/he is wearing it and will […]

Too Funny - “Sumi”

Wednesday, November 28th, 2007

There hasn’t been a new posting on for a while now, but they sure cracked me up with their posting just a bit ago Truth in trademarking.

Luckily, the Olympic and Paralypic Marks Act is not yet in force (as far as I’m aware), so I think we’re still safe to refer to […]

New “Unstuffy” Australian Trade Marks Law Blog

Tuesday, November 20th, 2007

Recently, Nicholas Weston, Lawyers & Trade Marks Attorneys, celebrated the launch of the Australian Trade Marks Law Blog.

According to their About page, Nicholas Weston is an unstuffy Australian law firm delivering trade marks and other commercial legal services to clients worldwide.

I’ve added their RSS feed to my newsreader and I’ll be following their […]

Leopard and the Tao of Steve

Thursday, November 15th, 2007

Rob Hyndman, in his post entitled Your Leopard is Eating My Self-Esteem, comments on the flurry of comments he received on his previous post yesterday (81 comments at the time of writing) and how it’s hard to avoid the conclusion that some folks have too much of their self-esteem tied up in their choice […]

Sears Canada Sued by Martha Stewart Unit

Thursday, November 8th, 2007

CNN reports that Martha Stewart Living Omnimedia Inc. has sued Sears Canada Inc., alleging that the Canadian company failed to pay required royalties for use of the trademark “MARTHA STEWART EVERYDAY” on a line of merchandise.

The CNN article further notes that the lawsuit was filed Wednesday in federal court in Manhattan, New York. I […]

Fun Trade-marks

Friday, November 2nd, 2007

It’s been a while since I’ve had a Fun Trade-marks posting, but both this week’s (pdf) and last week’s (pdf) Trade-marks Journal had a number of amusing trade-mark applications advertised:

GETTING DIRTY IS GOOD - 1,341,164, by Unilever Canada Inc. for proposed use in relation to laundry detergent. Seems like […]

Voluntary Disclaimers – May Still Be A Good Idea

Monday, October 22nd, 2007

In my previous posting I noted that there is case law which holds that a lack of a disclaimer is not a proper ground for an Opposition and that, therefore, the recent Practice Notice (which states that the Canadian Trade-mark Office will no longer require disclaimers) is probably not going to result in increased oppositions; […]

Lack of Disclaimers – Not a Ground for Opposition

Monday, October 22nd, 2007

In a previous posting I noted that the Canadian Trade-marks Office recently published a Practice Notice stating that the Registrar of Trade-marks will no longer require an applicant for registration of a trade-mark to enter disclaimers for those portions of the trade-mark that are not independently registrable.

I still don’t know what prompted this Practice Notice […]

Trade-mark Office Practice Notices

Sunday, August 26th, 2007

A couple of interesting Practice Notices were put out by the Canadian Trade-marks Office recently.

Effective August 15, 2007, the Registrar will no longer require an applicant for registration of a trade-mark to enter disclaimers for those portions of the trade-mark that are not independently registrable.

Voluntary disclaimers will continue to be accepted. See […]