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Articles: 1-10 of 102

Changes We Can Expect with The New Patent Rules

Canada - December 13 2018 Proposed amendments to the Patent Rules (the “Rules”) have been published in Part I of the Canada Gazette on December 1, 2018. The public has until…

CAFC Confirms That Surnames May Be Registered as Trademarks If They Acquired Distinctiveness

USA - December 11 2018 In this decision, the United States Court of Appeals for the Federal Circuit (“CAFC”) upheld the Trademark Trial and Appeal Board’s (“TTAB”) decision…

FC Upholds Registrar’s Decision Refusing Confusing Trademark Registration

Canada - December 6 2018 In this decision, the Federal Court (“FC”) confirms that a trademark which is likely to confuse a consumer with another trademark will be refused for…

The ONSC Dismisses Apotex’s Attempt to Revive the Promise Doctrine Under the Guise of Fraud

Canada - December 4 2018 In this decision, the Ontario Superior Court of Justice (“ONSC”) refused Apotex Inc’s (“Apotex”) attempt to revive the Promise Doctrine under the…

Trademark Variants Must Retain Distinctive Features to Show Use of the Registered Mark

Canada - November 27 2018 In this decision, the Federal Court (“FC”) confirms that the use of a variant of a trademark which does not retain the distinctive features of the…

PAB Rejects Application: Ambiguous and Indefinite Claims are Unpatentable

Canada - November 23 2018 This case serves as a reminder for patentees that abstract ideas are not patentable. Canadian patent application no. 2,612,950 (“950 Patent…

USMCA, the new NAFTA: What changes we can expect in Canadian IP Law

Canada, Global - November 20 2018 After more than a year of intense negotiations, the United States (“US”), Canada and Mexico reached a new trade agreement on Sunday September 30th…

Canada Will Have New Trademark Law Effective June 17, 2019

Canada - November 15 2018 Canada recently overhauled its Trade-marks Act, Rules and practices. This was ostensibly to allow Canada to become party to several international…

Federal Court Confirms That Use of a Trademark Variant May Demonstrate Use of a Trademark

Canada - November 13 2018 The FC upheld the registrar of Trade-marks’ (“Registrar”) decision, concluding that the Registrar did not err in its analysis. The Registrar’s…

US Court of Appeals for the Federal Circuit Confirms Test for Obviousness

USA - November 7 2018 In this decision, the United States Court of Appeals for the Federal Circuit (“CAFC”) confirmed the legal standards for obviousness in patent law and…