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February 14, 2025

Cleaning Out the Closet: The Trademarks Opposition Board is Reviewing the Register

Michael Badejo
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. 
TopicsTrademarks
December 19, 2024

Illuminating Hanukkah: Intellectual Property Considerations for Content Creators in Canada

Chad Finkelstein
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.
TopicsTrademarks Copyright
December 13, 2024

The importance of checking your citations – the non-case of Hennes & Mauritz AB v M & S Meat Shops Inc, 2012 TMOB 7; or am I seeing things?

Tamara Winegust
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.
TopicsPatents Trademarks
December 6, 2024

Beware of Trademark and Patent Scams: Protect Your Intellectual Property

Heather Boyd
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.
TopicsPatents Trademarks
October 18, 2024

Marking the World A Better Place: The public benefits of a trademark career

Reagan Seidler
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.
TopicsTrademarks Membership Communications Committee

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