Administrative Law

Canadian Intellectual Property Law and Strategy: Trademarks, by John S. McKeown

By John S. McKeown

Canadian highbrow estate legislation and method offers a complete evaluate of Canadian legislations in terms of emblems, copyright and business designs, in addition to strategic, practice-oriented observation concerning how such legislation can most sensible be used for enterprise advantage.This publication offers a distinct, strategic, transnational method of conserving IP rights in Canada for felony practitioners outdoor Canada. it's a unmarried, unified resource for trademark, copyright, and business layout legislation in Canada, together with exact research of the procedures required to acquire and continue highbrow estate safeguard, with useful examples drawn from the author's broad perform experience.Canadian highbrow estate legislation and procedure is geared up into 3 parts:The first a part of the publication is dedicated to emblems. The e-book, as well as delivering an summary of Canadian trademark legislations, bargains with how a international trademark proprietor can use the approach such a lot advantageously. The preliminary concentration is on acquisition of rights whereas later chapters describe the simplest suggestions to take care of and safeguard trademark rights in Canada.The moment a part of the publication is dedicated to copyright, with a huge, business-oriented therapy that displays the possibly far-reaching impression of the legislation. The strategy is of a normal advertisement nature, emphasizing how rights might be safe in Canada. particular awareness is given to figuring out which rights can be found and the stairs that are meant to be taken to guard these rights, no matter if via the suitable assignments and registrations, or enforcement activities within the Canadian courts.The 3rd a part of the e-book makes a speciality of commercial designs, and explains what should be performed and whilst by way of brands to guard their items. The emphasis is at the steps required to guard and assert rights opposed to infringers.

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R. ) where the trademark HABANOS in association with cigars was found to be unregistrable since the words “habana” and “habanas” are commonly used in association with cigars in Canada to denote that the cigars are made in Cuba; Scotch Whiskey Association v. Glenora Distillers International Ltd. ) where the word GLEN by itself in association with whiskey was found not to be within the section. 62 In addition, no one may adopt or use any mark so nearly resembling that denomination as to be likely to be mistaken for it.

45 Similar considerations relating to functionality apply to regular trademarks. If the functionality relates either to the trade mark itself 46 or to the wares47 this is inconsistent with registration. However, if the functionality is secondary or peripheral with no essential connection to the wares48 this will not be a bar to registration. The functionality concept is intended to ensure that an applicant does not indirectly achieve the status of a patent holder, with an unlimited term of protection, by obtaining a trademark registration.

Section 2 of the Trade-marks Act. 16. Section 2 and see Life Underwriters Association v. C. ). 17. Subsection 23(1) of the Trade-marks Act. 18. Wool Bureau of Canada, Ltd. v. Queenswear (Canada) Ltd. R. ), Mister Transmission (International) Ltd. v. R. ). 19. Subsection 23(2) of the Trade-marks Act and see Wool Bureau of Canada, Ltd. v. Queenswear (Canada) Ltd. R. ). 20. Subsection 23(3) of the Trade-marks Act. 21. Section 25 of the Trade-marks Act. 22 The definition applies to trademarks which are used as well as to a trademark which is proposed to be used.

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