By John S. McKeown
Canadian highbrow estate legislations and procedure offers a complete assessment of Canadian legislation on the subject of emblems, copyright and commercial designs, in addition to strategic, practice-oriented statement concerning how such legislation can top be used for company advantage.This publication offers a special, strategic, transnational method of retaining IP rights in Canada for felony practitioners outdoor Canada. it's a unmarried, unified resource for trademark, copyright, and business layout legislations in Canada, together with distinctive research of the methods required to acquire and continue highbrow estate defense, with priceless examples drawn from the author's broad perform experience.Canadian highbrow estate legislations and method is prepared into 3 parts:The first a part of the e-book is dedicated to emblems. The ebook, as well as delivering an summary of Canadian trademark legislation, offers with how a overseas trademark proprietor can use the approach such a lot advantageously. The preliminary concentration is on acquisition of rights whereas later chapters describe the easiest suggestions to take care of and shield trademark rights in Canada.The moment a part of the ebook is dedicated to copyright, with a huge, business-oriented remedy that displays the doubtless far-reaching effect of the legislation. The strategy is of a basic advertisement nature, emphasizing how rights might be secure in Canada. particular recognition is given to figuring out which rights can be found and the stairs that are meant to be taken to guard these rights, even if through definitely the right assignments and registrations, or enforcement activities within the Canadian courts.The 3rd a part of the publication specializes in commercial designs, and explains what should be performed and while by way of brands to guard their items. The emphasis is at the steps required to guard and assert rights opposed to infringers.
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Additional info for Canadian Intellectual Property Law and Strategy: Trademarks, Copyright and Industrial Designs
60. Scotch Whiskey Association v. Glenora Distillers International Ltd. ). 61. Scotch Whiskey Association v. Glenora Distillers International Ltd. ). 62. 1 of the Trade-marks Act. 63. C. 2005, c. 39 which restricts the use of certain names for spirits. 64. 13 of the Trade-marks Act. 21 22 Chapter 2 Protection of Trademarks in Canada marks are of a commercial nature. In certain cases their existence can cause significant problems for which there may be no redress. ” This term is not defined by the Act.
G. Can. R. ). 39. Mitel Corporation v. R. ); Unilever Canada Inc. v. R. ). 40. Nabisco Brands Ltd. v. Perfection Foods Ltd. R. R. ). 47 A mark which describes a condition or manner in which the wares or services are used by consumers may not be clearly descriptive of the character or quality of the wares or services. For example, the trademark KOOL ONE in 41. Staffordshire Potteries Ltd. v. R. ); Lubrication Engineers Inc. v. R. ). CIPO has published a practice note concerning professional designations in the Trade-marks Journal, dated June 13, 2007.
38. 39. 40. 41. 42. 43. 44. Section 13(1) of the Trade-marks Act. Section 13(2) of the Trade-marks Act. Subsection 32(2) of the Trade-marks Act. Subsection 13(3) of the Trade-marks Act and see WCC Containers Sales Limited v. Haul-All Equipment Ltd. R. ) Subsection 32(1) of the Trade-marks Act. See the practice notice in the Trade-marks Journal, Volume 47, No. 2408, December 20, 2000 dealing with the Trade-mark Office practice. Calumet Mfg Ltd. v. ; Gillette Canada Inc. v. Mennen Canada Inc. R. ); Molson Breweries v.