Section 45 of the Trademarks Act has generally provided a way for trademark registration applicants and opponents to remove “deadwood”—unused and abandoned trademarks that were on the trademark register. This process was generally reserved for parties to begin and oversee. In December 2024, the Trademarks Opposition Board (TMOB) advised of a pilot project which would see TMOB initiate section 45 proceedings. The effect? TMOB can clear the register of deadwood without waiting for applicants or opponents to initiate the process. Michael Badejo, Lawyer at Fillmore Riley LLP, walks us through how these changes impact operating procedures, processes and directions for TMOB. 

In NCS Multistage Inc. v. Kobold Corporation, 2023 FC 1486, the Federal Court revisited the question of what constitutes a “forced” divisional patent application—an important distinction given that forced divisionals enjoy immunity from double patenting allegations. This Emilie-Anne Fleury explores how the Court assessed whether certain divisional patents were truly “forced,” clarifies how voluntary versus forced divisions are treated under Canadian patent law, and highlights the practical considerations for patent applicants navigating unity of invention objections.

Art has always been a profound expression of culture, history, and identity. In Canada, Indigenous art stands as a vibrant testament to the rich heritage and diverse traditions of Indigenous peoples. However, amidst the celebration of this cultural wealth, a troubling issue looms large – the prevalence of counterfeit Indigenous art. Afshaan Jiwaji Kapasi & Melissa Tarsitano explore the complexities of counterfeit Indigenous art and offer opportunities to safeguard and authentically celebrate Indigenous art.

Émilie-Anne Fleury walks us through the highlights of the most recent WING Book & Breakfast event. The annual gathering brought together members of IPIC’s Women in IP Networking Group (WING) across Canada to discuss Yellowface by R.F. Kuang, a satirical novel delving into copyright, authorship, identity, and cultural appropriation.

Hanukkah, the Festival of Lights, is a time of celebration, tradition, and creativity. For content creators in Canada—whether you’re designing holiday merchandise, crafting social media campaigns, or writing Hanukkah-themed stories—it’s essential to be mindful of intellectual property laws. The festive spirit of Hanukkah offers abundant creative inspiration, but it also raises important questions about copyright and trademark issues, especially when incorporating traditional symbols, phrases, and imagery.

If you repeat a lie often enough, people will believe it. Twice in the past four months, the Trademark Opposition Board has identified instances where an applicant’s agent has cited cases that do not exist as part of arguments filed to request an interlocutory ruling under section 38(6) of the Trademarks Act to strike all or part of an opposition statement. The suspected culprit behind these false citations —generative artificial intelligence. Learn how these incidents unfolded and what legal professionals must do to avoid similar mistakes.

Scams targeting trademark and patent owners are on the rise, with fraudsters employing fear tactics and impersonation to trick unsuspecting individuals and businesses. It’s essential to stay vigilant and informed to avoid falling victim to these schemes. Heather Boyd, Principal and Trademark Agent at Pillar IP, outlines common warning signs, steps to safeguard yourself, and resources to combat these scams.

Canada is a global leader in climate-focused innovation, yet CIPO’s Green Technologies Program—a fast, cost-effective way to accelerate green patents—remains underused. Brigide Mattar and Audrey Berteau highlight how this program helps innovators secure patents quickly, attract investment, and advance sustainable solutions in the global green economy.

Patent law is a complex and evolving field where success hinges on a practitioner's ability to adapt and grow. In "Deliberately Develop Your Practice Style", author Ryan De Vries reflects on lessons learned from mentors and the critical aspects of developing a personal approach to the practice of patent law. From mastering attention to detail and understanding a client’s portfolio to avoiding superficial analysis of technology, the article highlights practical strategies for creating a practice style that balances precision, deep technical understanding, and long-term value for clients.

Is “source identification” a basis for a virtuous life? IPIC spoke to three heavyweights in the trademark field – Monique Couture, Janice Bereskin, and Kwan Loh – to explore what moral dividends a career in trademarks can pay. As their experiences reveal, trademarks are more than business assets – they also protect consumers, keep businesses accountable, and enrich our lives with a tapestry of creative content.

Looking for some engaging end of summer reading? Join the IPIC Indigenous IP Community on a challenging, engaging, and inspirational journey laid out in an award winning book: "Valley of the Birdtail: An Indian Reserve, a White Town, and the Road to Reconciliation". Consider this your formal invite to join an IPIC Book Club webinar for a discussion with the authors, Andrew Stobo Sniderman and Douglas Sanderson, on Friday, October 18, 2024.

In the recent case of Boehringer v JAMP, 2024 FC 1198, the Federal Court revisited the essential versus non-essential claim element test. Devin Doyle walks us through this pivotal case, centered around the patents for nintedanib capsules, explored whether the presence of lecithin in the formulation was a non-essential element. The Court’s decision provides significant insights into claim construction, emphasizing the importance of carefully interpreting patent language to determine the essentiality of claim elements.