IP Decisions: Arc'teryx vs Adidas

Battle of the Brands: A Trademark Showdown in the Sports Industry

In the world of trademarks, a recent case has caught the attention of many. This case involves two major players in the sports industry, Amer Sports Canada Inc. and Adidas Canada Limited. As a Canadian trademark agent, I find this case particularly interesting due to its implications for trademark owners in Canada. The Case Overview Amer Sports Canada Inc., the holder of the “ARC’TERYX” trademark, filed a lawsuit against Adidas Canada Limited. The bone of contention was Adidas’ use of the name...

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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 of the definition of 'small entity'. Most of the amendments will come into force on January 1, 2024. CIPO's Fee Schedule The major change is that the Canadian Intellectual Property Office (CIPO)...

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Pros and Cons for Making a Trademark Search Prior to Filing a Trademark Application 

Conducting a trademark search prior to filing a trademark application can be beneficial but it is important to weight out the pros and the cons.  You can read about the pros & con for making a trademark search prior to filing a trademark application by clicking here to go to our knowledge center. 

COVID 19 Update

COVID 19 Update In view of COVID 19, the Canadian Intellectual Property Office [Patent Office, Trademark Office, & Industrial Design Office] has again extended due dates until July 20th, 2020 for all matters before CIPO that have a deadline to take action for the period beginning March 16, 2020 and currently ending July 17, 2020. However, like CIPO, we are recommending that all deadlines falling within this period be continued to be met, where possible, so as to maintain as normal...

COVID 19 Update

COVID 19 Update In view of COVID 19, the Canadian Intellectual Property Office [Patent Office, Trademark Office, & Industrial Design Office] is extending due dates until May 1, 2020 for all matters before CIPO that have a deadline to take action for the period beginning March 16, 2020 and currently ending April 30, 2020. However, like CIPO, we are recommending that all deadlines falling within this period be continued to be met, where possible, so as to maintain as normal a...

Canadian Trademarks Update: Madrid Protocol, the Singapore Treaty and the Nice Agreement 

Canadian Trademarks Update: Madrid Protocol, the Singapore Treaty and the Nice Agreement  In accordance with new Canadian trademark laws, today the Canadian Intellectual Property Office (CIPO) announced that the Madrid Protocol, the Singapore Treaty and the Nice Agreement have now come into force for Canada. These changes give Canadian businesses access to the a centralized trademark filing systems enabling them to apply for a trademark in up to 120 countries with only one application. The following resources guide has been made available...

Canadian Patent and Trademarks Update: Bill C-85

On October 29th Bill C-86, purposing changes to the Patents Act and Trade-marks Act, was tabled in the House of Commons. Some of the purposed changes to the Patent Act include: Providing rights to the Governor in Council to regulate standard essential patents (patents related to technology that needs to comply with technical/industry standards) Changes to the definition of Prior Use Adding provisions for protection from infringement for experimentation, granting it is not for commercial use Some of the purposed changes to...

Bill C-31 as it relates to the Trademarks Act

The Good...  The Bad...  and The Ugly The Good... While there are several good amendments made by the Bill to the Trademarks Act,  one significant positive change is the broader definition given to a trademark.  The amended definition of a trademark is for a sign or combination of signs which include a word, a personal name, a design, a letter, a numeral, a colour, a figurative element, a three-dimensional shape, a hologram, a moving image, a mode of packaging goods, a sound,...

Supreme Court Canada – TradeMarks – Geographical Use

One of the issues considered in the Canadian Supreme Court's decision on Masterpiece Inc. v. Alavida Lifestyles Inc., 2011 SCC 27, [2011] 2 S.C.R. 387  related to the non-overlapping geographical uses of the trade-marks in dispute. Both Masterpiece Inc. (Masterpiece) and Alavida Lifestyles Inc. (Alavida)  were operators of retirement residences in different provinces of Canada.  Alavida applied to register the trade-mark MASTERPIECE LIVING in Canada on the basis of the proposed use in 2005.  The mark was registered in 2007 without...