IP Decisions: 2023 FC 804: Energizer Brands, LLC v. Gillette Company

2023 FC 804: Energizer Brands, LLC v. Gillette Company

On July 6, 2023, the Federal Court of Canada announced its decision in a trademark dispute between Energizer Brands and the Gillette Company in a case about comparative advertising.  In particular, this dispute involved Energizer and Duracell, the two leading battery brands in Canada. Moreover, Energizer asserted that Duracell's use...

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Important Updates on Canadian Intellectual Property Regulations

This is to advise of some significant changes to the Canadian Intellectual Property regulations. These regulations pertain to the Patent Rules, Trademark Regulations, Industrial Design Regulations, and Copyright Regulations. Amendments to these Rules were registered on June 1st.  They incorporate government fee increases of approximately 25%, as well as an expansion...

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2022 FC 923: Benjamin Moore and Co. v. Attorney General of Canada

Benjamin Moore & Co. appealed the decisions made by the Commissioner of Patents on CA 2,695,130 & CA 2,695,146 that the claims for these applications do not comprise patentable subject matter, under section 2 of the Patent Act, as the Commissioner determined the essential elements of each invention constituted a...

Amendments to the Canadian Patent Rules to introduce Excess Claims Fees and Requests for Continued Prosecution (RCEs).

Patent Rule amendments were published July 3, 2021 in the Canada Gazette to streamline the patent examination process allowing Canada to implement the patent term adjustment obligation set out in the Canada-United States-Mexico Agreement (CUSMA). (For more information and a detailed list of the changes please see the Canada Gazette,...

Tackle the pandemic together with CIPO

Tackle the pandemic together with CIPO In addition to the existing options to expedite examination of patent applications, CIPO just announced a pilot process allowing accelerated examination of patent applications related to COVID-19 under certain conditions. For more information visit: http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr04811.html Published by Mr. Peng Li – Registered Canadian Patent Agent

CUSMA (NFTA-2) comes into force July 1st 2020!

CUSMA (NFTA-2) comes into force July 1st 2020! CUSMA, the Canadian, United States and Mexico Agreement (NFTA-2) comes into force tomorrow, July 1st, 2020! Many IP obligations under CUSMA have been ratified through the new Patent Act, Industrial Design Act and Trademarks Act. More changes that will be made through legislative amendments are, for instance:       “collective marks”...