How Long Does Trademark Registration Last?

By Dave MacDonell on October 24, 2017

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 […]

The Trademark’s Rightful Queen

By Dave MacDonell on October 11, 2017

The Trademark’s Rightful Queen Headlines recently broke that Edmonton based bakery ‘Dauphine Bakery and Bistro’, formerly ‘Queen of Tarts’ Bakery has been found to have infringed another Ontario bakery owner’s trademark. In a previous blog post we discussed some of the advantages of holding a registered trademark. The Queen of Tarts story is a clear […]

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 […]

// //