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  • Article

    CIPO Launches Consultation On Expedited Patent Examination And The Patent Grace Period

    The Canadian Intellectual Property Office has opened a public consultation on two critical patent matters: expedited examination programs and the patent grace period. CIPO seeks stakeholder feedback on whether current accelerated examination options meet client needs and is exploring potential new programs, while also gathering insights on experiences with pre-filing disclosures to inform international harmonization discussions.
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    CIPO Launches MyCIPO Patents

    MyCIPO Patents was launched by the Canadian Intellectual Property Office on July 17. MyCIPO Patents is CIPO's new online portal for patent services.
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    CIPO Maintains Non-Patentability Finding on Dusome Remand Under the New Patentable Subject Matter Framework

    The Canadian Intellectual Property Office has issued a preliminary redetermination following the Federal Court's remand in Dusome v. Canada, applying a revised patentable subject matter framework to a poker game patent application.
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    TMOB Refuses Trademark Applications For "AGX" Marks For Being Confusing With "AGF" Marks

    The Trademarks Opposition Board (the "TMOB") has refused trademark applications for the marks AGX and AGX COIN...
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    CIPO Issues Practice Notice On Redacting Postal Addresses And Removing Unrelated Documents From TDRS

    The Canadian Intellectual Property Office has issued new guidance on when trademark applicants can redact postal addresses or remove documents from public records. Understanding these strict requirements and exceptional circumstances is crucial for protecting privacy while maintaining compliance with Canada's trademark registration transparency obligations.
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    CIPO Publishes IP Canada Report 2025

    The Canadian Intellectual Property Office (CIPO) recently published its IP Canada Report 2025.
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    College Of Patent Agents And Trademark Agents Connecting Trainees With Supervisors

    Prospective patent agents and trademark agents now have a new tool to assist in completion of their apprenticeships.
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    Federal Court Addresses Section 45 Notices Not Received By Registered Owner

    Smooth Payment Inc. v. Klarna Bank Ab, 2024 FC 1274 is a recent decision from the Federal Court involving a Section 45 notice that was never received by the registered owner.
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    Federal Court Contends With Scope Of "Restaurant Services" In Expungement Case

    Little Brown Box Pizza had appealed a decision by the Registrar of Trademarks to expunge its registration for the mark PIEOLOGY. The registration issued on February 19, 2016 and covered, among other services.
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    Federal Court Decision Dismisses Patent Infringement Action

    The Federal Court of Canada recently dismissed a patent infringement action brought by McCain Foods against a competitor, Simplot.
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    Federal Court Grants Leave To Introduce Evidence Of Use On Appeal And Partially Reinstates Expunged Trademark Registration

    The Federal Court has applied a flexible approach for admitting new evidence in trademark appeals, allowing a registrant to introduce evidence of use that was not initially filed due to employee inadvertence.
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    Federal Court Provides Guidance On Filing Additional Evidence In Trademark Appeals

    In Products Unlimited, Inc. v. Five Seasons Comfort Limited, the Federal Court provided guidance on recently amended subsection 56(5) of the Trademarks Act and the factors...
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    No "Person In The Loop" Required: FCA Clarifies Admissibility Of Online Survey Evidence In Trademark Proceedings

    In trademark cases, online surveys may be admissible as evidence; however, they must be properly designed and free from methodological flaws...
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    Patent Term Adjustment Regulations Come Into Force In 2025

    Proposed amendments to the Patent Rules implementing patent term adjustment are scheduled to come into force on 1 January 2025. These amendments were first published for consultation in the Canada Gazette.
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    Proposed Amendments To The Trademarks Regulations Published

    Proposed amendments to the Trademarks Regulations to support and implement certain amendments made to the Trademarks Act were recently published in the Canada Gazette.
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    Robinhood, Maker Of Popular Trading App, Succeeds In Opposing Trademark Application For "Robin Hood" In Canada

    On 24 March 2025, the Trademarks Opposition Board (the "TMOB") refused a trademark application for the mark "Robin Hood" because it was considered confusing with the previously registered trademark...
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    TMOB Refuses Trademark Application In "Borderline" Case

    The Trademarks Opposition Board (the "TMOB") has refused a trademark application for DOGKIND because it was considered confusing with a previously registered trademark for PETKIND.
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    TMOB Section 45 Decision: Registration Partially Maintained Despite Variation

    Trademark registrants take note – a recent decision from the Trademarks Opposition Board ("TMOB") serves as a reminder of the importance of using your registered trademark as it is registered.
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • 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.
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • 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.
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala

Showing 181–200 of 281 results

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