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Trademark dilution maintenance – Don’t lose your “circle R”

By Dave MacDonell on September 25, 2017

This video by Velcro® explains the important concept of trademark dilution. Trademark dilution is what happens when your brand name becomes a generic term that no longer serves as a means of identifying the origin of a brand’s goods or services. Once you’ve registered your trademark, “Don’t lose your ®”

Trademark Service Quality Statements & Registrability – Part 2

By Dave MacDonell on December 9, 2013

In some classic examples, the trade-mark WATERWOOL was deemed registrable in Deputy Attorney-General of Canada v. Jantzen of Canada Limited (1964), 46 C.P.R. 66 because the mark was vague enough to be only ‘suggestive’ as to its character (i.e. it might be referring to a garment of some kind, but it’s equally likely that it refers […]

Trademark Service Quality Statements & Trademark Registrability

By Dave MacDonell on December 2, 2013

Trademark Service Quality Statements & Registrability – Part 1 of 2 In an interesting U.S. decision last year, Dunkin’ Donuts lost a bid to register the trademark ‘Best Coffee in America’, precluding them from using said mark to distinguish their ‘wares or services’ from other competitors. In rejecting Dunkin’ Donuts’ registration, the USPTO’s examining attorney […]

Trademark Registration for Books and Book Titles

By Dave MacDonell on November 22, 2013

Book Titles Ineligible for Trademark Registration We have all been told not to judge a book by its cover, but what about judging a book by its title? While creating an artistic work, creators and distributors take care to ensure that the title of a work will draw in readers and be representative of the […]

Ford cracks down on trademark infringement

By Dave MacDonell on November 15, 2013

Nov 15, 2013 Wednesday’s Toronto Star article Ford asks Rob Ford to stop using trademarked blue oval logo provides the details surrounding a request by Ford Motor Company for the embattled Mayor to stop using their trademarked blue oval logo design. This type of infringement is a great example of why trademark registration is so important. This […]

Associated Trademarks – Added Protection of Associating a Family of Trademarks

By Dave MacDonell on November 10, 2013

McDonald’s Opposition to Registration of “MACDIMSUM” Shows the Value of Investing in a Family of Trade-marks The Federal Court has upheld the Trade-marks Opposition Board’s decision to refuse Toronto Business Man Tong G Cheah’s application to register a trade-mark for “MACDIMSUM”. Cheah filed an application to register the word “MACDIMSUM” for a variety of prepared […]

How to Protect Your Canadian Trademark From Infringement

By Dave MacDonell on August 29, 2013

But what exactly does this mean, you might ask. Well, put simply, this means that when you register a trademark in Canada, you have the ability to enforce it by bringing an action against infringers in the Federal Court of Canada. By contrast, when a trademark is not registered with the CIPO (the Canadian Intellectual […]

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