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Big changes to Canadian trademark law: what they mean for you
  • Cassels Brock & Blackwell LLP
  • Canada
  • April 29 2015

On June 19, 2014, the Parliament of Canada completed the final steps to pass Bill C-31, the somewhat cryptically-named Act to implement certain


Trade-marks and product placement: the use of branded products in film and television productions
  • Cassels Brock & Blackwell LLP
  • Canada
  • February 2 2011

In the last issue of the The Cassels Brock Report, I addressed the issue of trade-mark rights in titles as the first in a series of articles on trade-marks in the film and television industries


Continuous use required
  • Cassels Brock & Blackwell LLP
  • Canada
  • July 10 2012

A recent decision of the Trade-marks Opposition Board upheld an opposition on the basis that the applicant had not used the applied-for mark since the date set out in the trade-mark application


The distinctiveness of a trade-mark is not static
  • Cassels Brock & Blackwell LLP
  • Canada
  • May 25 2011

A recent decision of the Trade-marks Opposition Board shows how the distinctiveness of a trade-mark can change and affect the outcome of an opposition


The legal and practical guide to protecting your brand on the web and in social media
  • Cassels Brock & Blackwell LLP
  • Canada
  • October 6 2011

A brand has to be linked with a business strategy


A sound decision: CIPO announces that it will accept applications for the registration of sound marks
  • Cassels Brock & Blackwell LLP
  • Canada
  • March 29 2012

On March 28th 2012, the Canadian Intellectual Property Office (“CIPO”) issued a Practice Notice announcing that, effective immediately, it will accept applications for the registration of sound marks


Using Wayback Machine evidence
  • Cassels Brock & Blackwell LLP
  • Canada
  • October 15 2012

A recent decision of the Trade-mark Opposition Board (“the Opposition Board”) has confirmed the admissibility of evidence obtained by using the Wayback Machine


No-name package causes confusion in the dark
  • Cassels Brock & Blackwell LLP
  • Canada
  • October 15 2012

The Federal Court of Appeal in Canada recently held that a no-name cigarette package depicting registered design trade-marks, but no word mark, was confusingly similar to the word mark MARLBORO which was registered for use in association with cigarettes


The importance of searching for common law trade-marks
  • Cassels Brock & Blackwell LLP
  • Canada
  • July 10 2012

A recent decision of the Federal Court emphasizes the importance of carrying out a full trade-mark search that includes common law references before making decisions concerning the availability of a trade-mark


The Federal Court of Appeal clarifies the approach to be taken concerning trade-mark licences in section 45 proceedings
  • Cassels Brock & Blackwell LLP
  • Canada
  • July 10 2012

A recent decision of the Federal Court of Appeal reverses the decision of the Federal Court and may ease the burden on a trade-mark owner in showing that use of a trade-mark under a licence of a trade-mark in Canada satisfies the requirements of the Trade-marks Act