Using Trademarks in Artistic Works

By Dave MacDonell on July 6, 2013

Trademark registration for artistic and creative works 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 […]

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Canadian Trademark Registration VS. Domain Name Registration

By Dave MacDonell on April 24, 2013

Domain registration does not equal trademark registration Clients often ask me if there’s anything they can do, aside from registering their trademark, to protect their brand. I usually suggest domain name registration if they haven’t already done it. Domain name registration can be an important part of brand protection, but it has to be done […]

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Canadian Trademark Registration: Licensing Your Trademark

By Dave MacDonell on April 18, 2013

Licensing your trademark to others So you want to license your registered trademark?  Here’s a brief overview of some of the most important considerations when licensing a registered trademark in Canada. Trademark licensing is a complex topic and this is buy no means an exhaustive list.  However, it does provide a brief outline of the […]

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Is US Trademark Registration Important for Canadians

By Dave MacDonell on April 14, 2013

Is US Trademark Registration Important for Canadian Businesses? This blog series is intended to answer frequently asked questions about trademarks and trademark registration in Canada.  One of the questions we get asked most often by clients is whether they need to register their Canadian trademark in the United States. The answer is maybe. Here’s what you […]

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Beyond Canadian Trademark Registration

By Dave MacDonell on April 10, 2013

Trademark Registrations in Canada, USA and Europe What happens if you don’t register your trademark in each country in which you operate?  Well, the first thing you should do is to sit down with an experienced trademark lawyer in Canada to discuss alternative means of foreign trademark protection. Your trademark lawyer will also be able […]

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Canadian trademark registration based on registration abroad

By Dave MacDonell on April 6, 2013

Trademark Registrations Can be Based on Foreign Trademarks So you’ve read the Trade-mark’s Act Canada, and you’re concerned that your trade-mark is ineligible for Canadian trademark registration. A good trademark lawyer will advise on you on your options.  This could mean re-branding entirely, or it could mean that you simply need to file a registrability […]

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How Long Does Trademark Registration Last?

By Dave MacDonell on March 20, 2013

How Long Does Trademark Registration Last? Clients often ask us, “Once my application to register a trademark in Canada is allowed, how long does trademark registration last?” Well, by virtue of the Canada’s Trademaks Act, a trademark registration (Canada only) is valid for 15 years from the date of registration or the date of last […]

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