The final regulations for implementing CETA in Canada were published today in a special edition of the Canada Gazette. As compared to the proposed regulations published earlier this summer, the final versions the IP related regulations are very similar, with no changes to the Regulations Amending the Patented Medicines (Notice of Compliance) Regulations, 2017, two changes to the Certificate of Supplementary Protection Regulations and no changes to Rules Amending the Patent Rules. As reported yesterday, the changes come into force September 21, 2017. Continue reading CETA
Tag Archives: Trademarks
CETA
A series of Orders in Council dated last week but published today confirm that most of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act will come into force September 21, 2017. This includes expanded geographic indicators, certificates of supplementary protection and changes to the PM(NOC) Regulations.
CETA
Canada and the EU have announced that they have agreed to set September 21, 2017 as the date to start the provisional application of CETA. Continue reading CETA
Trademark Exam
The trademark agent qualifying exam details have been announced with the exam to take place on November 28, 2017. Sign up deadlines and details are on CIPOs website.
Global Injunction
The Supreme Court of Canada issued its decision today in Google Inc. v. Equustek Solutions Inc., 2017 SCC 34, with the majority holding in the 7-2 decision that the trial judge should be given deference in determining an interlocutory injunction, and where it is necessary to ensure the injunction’s effectiveness, a court can grant an injunction enjoining conduct anywhere in the world, including in this case against third-party Google. The underlying proceeding related to passing off and trade secret infringement by a defendant which was conducted outside B.C. through a series of changing websites.
Disparaging Marks
Yesterday, the United States Supreme Court issued its decision in Matal v. Tam where the US Patent and Trademark Office had denied an application for “The Slants” under a Lanham Act provision prohibiting the registration of trademarks that may “disparage . . . or bring . . . into contemp[t] or disrepute” any “persons, living or dead.” The court held that the disparagement clause violates the First Amendment’s Free Speech Clause. (link)
Consultation
Proposed regulatory amendments to the Trade-marks Regulations and the Industrial Design Regulations have been published. Consultations are being considered through to mid-July. These changes include substantive changes to implement Madrid Protocol, Singapore Treaty and Nice Agreement for trademarks and Hague Agreement for industrial designs. Continue reading Consultation
CETA
Bill C-30, the CETA implementation legislation received royal assent today. The Bill includes amendments to the Patent Act, regarding supplementary protection for pharmaceutical products and altering patent linkage system, and to the Trade-mark Act regarding geographic indicators with grounds of opposition and certain exceptions for prior use, acquired rights and generic terms. Amendments are also proposed to a number of other acts. Implementation regulations are expected any day.
2016 in Official Marks
Canada has a scheme under the Trade-marks Act, where government authorities can list official marks. In 2016, over 700 prohibited marks were listed in Canada. The top ten filers were Continue reading 2016 in Official Marks
Canadian Trademark Firms in 2016
About 55,390 trademark applications were filed in Canada in 2016. Of these, about 24% were filed in-house or without an agent (up slightly from previous years). Check out my list of the 50 firms/agents that filed the most applications in 2016. Continue reading Canadian Trademark Firms in 2016