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Canadian trademark law information


Canadian trademark law provides protection to marks by statute under the Trademarks Act[1] and also at common law. Trademark law provides protection for distinctive marks, certification marks, distinguishing guises, and proposed marks against those who appropriate the goodwill of the mark or create confusion between different vendors' goods or services. A mark can be protected either as a registered trademark under the Act or can alternately be protected by a common law action in passing off.

  1. ^ "Trademarks Act (R.S.C., 1985, c. T-13)".

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Canadian trademark law

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Canadian trademark law provides protection to marks by statute under the Trademarks Act and also at common law. Trademark law provides protection for...

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Trademark symbol

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Confusion in Canadian trademark law

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SCC 23, [2006] 1 SCR 824 (2 June 2006) Canadian trade-mark law Passing off; trademark registration in Canadian law Mattel, Inc. v. 3894207 Canada Inc....

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Functionality in Canadian trademark law

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Under Canadian trade-mark law, the "doctrine of functionality" provides that features that are primarily functional in nature cannot be registered as...

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Unregistered trademark

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An unregistered trademark or common law trademark is an enforceable mark created by a business or individual to signify or distinguish a product or service...

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Trademark

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modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857...

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Law of Canada

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responsibilities are contracted to the federal Royal Canadian Mounted Police. Canadian Aboriginal law provides certain constitutionally recognized rights...

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Generic trademark

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A generic trademark, also known as a genericized trademark or proprietary eponym, is a trademark or brand name that, because of its popularity or significance...

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Canadian Intellectual Property Office

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Singapore Treaty and the Nice Agreement for trademarks; and the Patent Law Treaty for patents. Prior to 2019, Canada had joined the TRIPS Agreement and the...

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Trademark distinctiveness

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Trademark distinctiveness is an important concept in the law governing trademarks and service marks. A trademark may be eligible for registration, or registrable...

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Passing off in Canadian law

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In Canada, passing off is both a common law tort and a statutory cause of action under the Canadian Trade-marks Act referring to the deceptive representation...

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Trademark infringement

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Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees...

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Budweiser trademark dispute

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one or the other or even both may use the name, depending on local trademark law. Beer brewing in the city of České Budějovice (German: Budweis), which...

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Official mark

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filed with the Canadian Intellectual Property Office to be published in the Trademarks Journal and are searchable through the Canadian Trade-marks Database...

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List of generic and genericized trademarks

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three lists of generic and genericized trademarks are: marks which were originally legally protected trademarks, but have been genericized and have lost...

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Trademark attorney

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patent law, trademark law, and copyright law. Increasingly however, large multi-discipline law firms are establishing trademark practices. Trademark attorneys...

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Trademark Trial and Appeal Board

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The Trademark Trial and Appeal Board (TTAB) is an administrative tribunal within the United States Patent and Trademark Office (USPTO). The TTAB is empowered...

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United States Patent and Trademark Office

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Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration...

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Canadian defamation law

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Canadian defamation law refers to defamation law as it stands in both common law and civil law jurisdictions in Canada. As with most Commonwealth jurisdictions...

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Trademark dilution

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Trademark dilution is a trademark law concept giving the owner of a famous trademark standing to forbid others from using that mark in a way that would...

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Mattel Inc v 3894207 Canada Inc

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"Barbie’s" with the Trademark Office, based on the likelihood of confusion in the marketplace between the two names. The Supreme Court of Canada upheld the decision...

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Copyright law of Canada

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publish in Canada, as colonial copyright law only granted protection in Canada. The Canadian government sought to further strengthen the Canadian print industry...

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Opposition proceeding

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proceeding is an administrative process available under the patent and trademark law of many jurisdictions which allows third parties to formally challenge...

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Wordmark

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case-sensitive and are listed in uppercase by trademark registrars such as the United States Patent and Trademark Office, even if they are always cased in...

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List of trademark case law

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alphabetical listing of historically significant or leading case law in the area of US trademark law. Contents:  Top 0–9 A B C D E F G H I J K L M N O P Q R S...

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Canadian property law

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Canadian property law, or property law in Canada, is the body of law concerning the rights of individuals over land, objects, and expression within Canada...

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List of law schools in Canada

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number of law schools in Canada operate as a faculty or as an affiliated school to a Canadian public university. Twenty law schools offer common law schooling...

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Singapore Treaty on the Law of Trademarks

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The Singapore Treaty on the Law of Trademarks was adopted in Singapore on 28 March 2006. It entered into force on 16 March 2009, following the ratification...

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