Until recently, opposition and administrative cancellation proceedings in Canada have been particularly lengthy. It was not uncommon to see decisions being issued in non-use cancellation proceedings before the Canadian Trademarks Opposition Board (TMOB) 3-4 years after their start. Similarly, in many cases decisions in opposition proceedings would issue 5-6 years after the end of the initial 2 month period to oppose. This is not because these types of proceedings are particularly cumbersome in Canada. Contrary to US oppositions there is no discovery in oppositions and administrative cancellation proceedings, only cross-examinations on affidavit are possible. The availability of very generous extensions of time and long delays to set a hearing or to render a decision on the basis of a written record explain most of these delays. This is changing rapidly.Continue reading
This year, we are increasingly seeing how real world IP rights can be protected and enforced in the ever-expanding virtual world. Case law, especially in the United States, is developing how digital assets are bound by real-life intellectual property law. In particular, we have kept an eye on two cases of trademark infringement involving the sale of non-fungible tokens (NFTs): Hermès v Rothschild and Yuga Labs v Ryder Ripps.Continue reading
In a time when online sharing is becoming more and more complicated thanks to an ever increasing number of social media platforms cropping into existence and an equally ever increasing amount of time people are spending online, various copyright issues are bound to arise. Continue reading to learn more about the common Canadian copyright limitations and issues users may face in sharing and living in an online world.Continue reading
In its recent Milano Pizza Ltd. v. 6034799 Canada Inc. decision, the Federal Court ordered the expungement of a trademark registration because the plaintiff did not exercise sufficient control over the use of the trademark by its licensees. This decision provides a helpful reminder of the dangers of relying on verbal agreements instead of written trademark licenses, and the need for trademark owners to maintain control over their licensees.Continue reading
As a strong supporter of the food and beverage industry, Fasken is pleased to invite you to view this episode of the Masterclass Series, presented by BC Food & Beverage (BCFB).
This video series features topics that will be of interest to producers, distributors and retailers in BC’s growing agribusiness, food and beverage industry.
Hear from Roger Kuypers and Janine McNeil, Trademark Agents at Fasken who discuss the importance of trademarks and how an effective trademark strategy is critical to your brand’s future growth and success.