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...

What is a Virtual In-House Corporate Patent or Trademark Agent?

A business corporation may not have the resources to hire in-house one or more corporate patent or trademark agents to meet their patent needs, but may still require the cost effective value that an in-house patent/trademark agent brings to a business' strategic plan.  In such instances a virtual in-house corporate...

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...

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...