IP Year In Review – Trade-marks

Article by Pauline Wong, ©2005 Blake, Cassels & Graydon LLP

This article was originally published in Blakes Bulletin on Intellectual Property, December 2005.

2005 has been an active year for trade-mark law in Canada. The Supreme Court of Canada has weighed in on the doctrine of functionality, the Federal Court has held that reverse confusion can be the basis for a cause of action, and courts have clarified issues with respect to official marks and trade-mark infringement generally.

Recent decisions have also led to changes in the practice in the Trade-marks Office with respect to descriptive or misdescriptive marks, and the priority of co-pending applications. Still to come is the Supreme Court of Canada’s decision relating to famous marks in two cases that were heard together: Veuve Clicquot and Mattel.