Trademark Trolls And "All-Class" Applications: A Troubling Trend Comes To Canada

In the intellectual property context, the term "troll" is commonly used to refer to a (generally non-practicing) person or entity who registers an exclusive right and then demands payment and threatens litigation against persons who infringe upon the registered intellectual property right. Trademark trolls (also referred to as "trademark squatters" or "trademark assertion entities") garner less public attention than their cousins in the patent world, but may still pose serious problems for legitimate businesses and brand owners.

Applications filed by trademark trolls are generally directed to marks that comprise either: (1) common words or names of general application; or (2) marks belonging to established businesses but which have not been made the subject of an application in the jurisdiction of interest.