New measures to accelerate examination of trademarks in Canada

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The Canadian Trademark landscape has changed significantly over the last few years with a modernized trademarks regime.  The challenges that have arisen since Canada’s 2019 accession to the Singapore Treaty, the Madrid Protocol, and the Nice Agreement, along with various input from stakeholders, have guided the Canadian Intellectual Property Office (CIPO) in adopting new measures to accelerate the prosecution of trademark applications. With the time to the issuance of a first examination report reaching recently 24-30 months in the case of some national applications, these measures need to be carefully considered. Two new practice notices are intended to address delays in examination, namely:

  1. CIPO – PN: Measures to improve timeliness in examination
  2. CIPO – PN: Requests for expedited examination
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Are Recipes Protected by Copyright Law?

food on forks

As it currently stands, Canadian courts have not yet addressed the issue of copyright in recipes, but what can we learn from the leading caselaw on the subject from the United States? Although there are important differences between copyright law in Canada and the U.S., it seems likely that Canadian courts would at least consider the state of the law in the U.S. should the issue ever appear in front of them.

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NEW Canadian College of Patent Agents and Trademark Agents (CPATA)

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On June 28, 2021, the newly instituted College of Patent Agents and Trademark Agents (“CPATA”) began operations as the professional regulator of patent and trademark agents. The organization is the fruit of more than a decade of work and is an important milestone under Canada’s Intellectual Property Strategy.

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The Winkler v. Hendley Decision and Copyright in Non-Fictional Books

IP Copyrights

The Federal Court recently released its decision in Winkler v. Hendley, 2021 FC 498 [Winkler] in which it found that an author who claims to have published a non-fictional work cannot later claim that the work was in fact fictional in order to get around the principle that facts are not protected by copyright law.

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Registering your trademark abroad: Is the Madrid Protocol the best strategy?

Three Canadian flags in front of a business building in Ottawa, Ontario, Canada. Ottawa is the capital city of Canada, and one of the main economic, political and business hubs of North America

The Madrid Protocol is celebrating its second anniversary in Canada! Since it came into effect on June 17, 2019, Canadian businesses have more than one string to their bow to protect their trademarks in Canada and internationally. This is the first article in the series on the Madrid Protocol in Canada; it will focus specifically on international filings made by Canadian companies.

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