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Disclaimer: The information contained on this blog is for informational purposes only and should not be relied upon as legal advice.

About Brands Under Attack – Newsletter June 2022 Newsletters

About Brands Under Attack – Newsletter June 2022

In Canadian opposition proceedings, parties to the opposition must provide evidence to support their case. The evidence must be in the form of affidavits from individuals with personal knowledge of the facts sworn to. The affiants can be cross-examined. It is common in Canadian oppositions for opponents to amend their grounds of opposition as new information comes to light from either the applicant’s evidence and/or cross-examining the applicant’s affiants.
OLLIP
June 17, 2022
About Brands Under Attack – Newsletter July 2021 Newsletters

About Brands Under Attack – Newsletter July 2021

As the saying goes, “the data does not lie”. Google and Facebook are known to collect location, search and behavioural data on their users to gain insight into their preferences. So, what does the Canadian trademark data reveal about how Madrid Protocol users are treated in Canada. In our next two editions, we will take a deeper dive into some of this data and discuss its insights.
OLLIP
July 20, 2021
About Brands Under Attack – Newsletter August 2020 Newsletters

About Brands Under Attack – Newsletter August 2020

The famous Canadian children’s author Robert Munsch wrote “This is kindergarten! In kindergarten, we share! We share everything!” Families, like children in kindergarten, proudly share, share their names. However, sharing the family name as a brand with family members is the antithesis of branding. In last month’s issue as part of Brand Family Feuds series, we discussed the importance of ensuring that a family name adopted as a business brand be used in a way which makes it a brand. This month we look the case of CIBC v Stenner which illustrates another key issue family businesses must keep in…
OLLIP
November 12, 2020
About Brands Under Attack – Newsletter July 2020 Newsletters

About Brands Under Attack – Newsletter July 2020

“A person’s name is to him or her the sweetest and most important sound in any language” So said Dale Carnegie. However, when used as a brand name, it can be bittersweet. Over the next three issues, we will be looking at steps businesses with family names should take or avoid with the family brand. As these businesses mature and involve other family members, there are changes and inevitably disagreements. The case of Miranda v. Miranda before the Federal Court of Appeal illustrates a key principle to bear in mind when establishing a family name as the brand for a…
OLLIP
August 6, 2020
About Brands Under Attack – Newsletter June 2020 Newsletters

About Brands Under Attack – Newsletter June 2020

During the current public health crisis, the Canadian Intellectual Property Office (“CIPO”) remains open for business as usual. Canada acceded to the Madrid Protocol on June 17, 2019. As of May 4, 2020 CIPO began sending to the World Intellectual Property Office (“WIPO’) notification of possible opposition (“NPO”) against the first extensions of International Registrations into Canada (“Protocol Applications”). This means that the granting of protection for these Protocol Applications may be subject to opposition beyond the 18-month time limit for notifying WIPO of refusal of protection in Canada under the Madrid Protocol.
OLLIP
August 6, 2020