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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 […]

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Trademark Registration for 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 […]

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Ford cracks down on trademark infringement

By Dave Macdonell on November 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 also perfectly illustrates […]

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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 […]

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Importance of a Canadian Trademark Registration

By Dave Macdonell on August 29, 2013

If you run your own business, you probably work hard to make sure that everything is done to perfection. Materials used are top quality; workers are dedicated and well rewarded for their hard work; and if people are starting to recognize your brand, you are just hitting your stride as a major player in the […]

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Register Your Canadian Trademark BEFORE Rebranding

By Dave Macdonell on August 27, 2013

CBC Radio-Canada recently commenced an action against CFHG-DT, a Montreal television station who had registered the mark “ICI”, seeking a cancellation of their registration.  Radio-Canada claims that they have had a long history of using “ICI” since the 1930s, including as a part of the title of a now defunct magazine and publishing arm.  Some […]

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Using Trademarks in Artistic Works

By Dave Macdonell on July 6, 2013

            The relationship between trade-marks & artistic expression is very much an unsettled area of law for Canadians. Most of the relevant case law addressing this issue are U.S. circuit court decisions, thereby making them persuasive (but not biding) for our purposes. However, if we set aside the fact that […]

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