Canada: Trademark

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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.
Article
Distilled Law, Part 1: Whisky Business: Alberta's New Spirit Standards And The Future Of AI Use In Legislative Drafting
The Government of Alberta has reportedly become the first jurisdiction in Canada to use artificial intelligence (“AI”) in the initial drafting of the Alberta Whisky Act (the “Whisky Act”). The Whisky Act, which came into effect on May 21, 2026, establishes new standards and definitions for what qualifies as “Alberta Whisky”, including requirements relating to production standards, ingredients, and processes. According to the province, AI was used as part of the drafting process, with government officials and legislative counsel retaining responsibility for review, revision, and all levels of approval.
Canada Healthcare
F
Fasken
Article
Recent TMOB Decision Shows That Sometimes, Establishing Use In A Section 45 Proceeding Is Straightforward
The Trademarks Opposition Board recently upheld a registration for the FRÜH & DESIGN trademark covering top fermented beers, demonstrating that clear evidence of use can successfully defend against section 45 proceedings. This decision illustrates how straightforward documentation of sales, distribution networks, and delivery records proved sufficient to maintain trademark protection in Canada.
Canada IP
OW
Oyen Wiggs Green & Mutala LLP
Article
What Evidence Of Use Is Required In A Section 45 Proceeding?
The Trademarks Opposition Board's recent ruling in Therrien Couture Joli-coeur v Oldcastle Building Products clarifies the evidentiary standards trademark owners must meet when responding to section 45 notices under Canada's Trademarks Act. This decision highlights critical distinctions between evidence of actual transfers versus mere advertising, and underscores the necessity of providing specific proof for each registered good to avoid expungement.
Canada IP
OW
Oyen Wiggs Green & Mutala LLP
Article
Government Of Canada Launches Consultation On Expanding The Geographical Indications Regime Under The Trademarks Act
The Government of Canada has initiated a comprehensive public consultation to examine whether geographical indications protection should extend beyond wines, spirits, agricultural products and food to include traditional craft and industrial products. This review marks the first major assessment of Canada's GI regime since 2017 and could align the country with jurisdictions like the European Union, which recently implemented a framework for protecting craft and industrial geographical indications.
Canada IP
SB
Smart & Biggar
Article
TMOB Upholds Electronically Notarized Affidavit And Awards Costs For Misleading Legal Submissions
The Trademarks Opposition Board recently ruled on the validity of electronically notarized affidavits in trademark proceedings and imposed costs against a party for unreasonable conduct. The decision in Chilly Moose Ltd. v. Moosehead Breweries Limited addresses both the admissibility of remote notarization and the consequences of filing inaccurate legal submissions that complicate proceedings.
Canada IP
OW
Oyen Wiggs Green & Mutala LLP
Article
Proactive And Reactive Strategies To Protect Your Brand At The Border And On The Web: Lessons From Our Recent Webinar
Counterfeiting and trademark infringement have evolved beyond traditional marketplaces, creating complex challenges in both physical and digital spaces. Graham Hood and Tamara Céline Winegust discuss practical strategies for brand protection, from border enforcement to online monitoring, and explain why businesses need coordinated, proactive approaches tailored to their specific markets and products.
Canada IP
SB
Smart & Biggar
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