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Click on the Subject Matter bullet links below to access our Knowledge Library of Patents, Trademarks and Designs. This information is for educational purposes only and is not intended to be used as legal advice.
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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...
Canadian Trademarks Update
The new Trademarks Act in Canada comes into effect in 2 weeks, on June 17, 2019. Please see our post of February 22 for an outline of some of the changes. As a reminder, in regards to fees, it is important to note that there will be a separate fee charged...
New Canadian Trademarks Law
The new Canadian Trademarks Act and Rules come into force in Canada on June 17, 2019. The following is a highlight of changes in the law coming into force (CIF). The filing basis for applications has been eliminated. Accordingly there is no longer the need to specify the basis for...
Canadian Trademarks Update
The Canadian Government has recently released the date that the changes to the Trade-Mark Act will be implemented. These changes are expected to come into force on June 17th, 2019. A few of the many changes include: Simplified trademark applications New and pending applications will no longer require a declaration of...
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...
Canadian Industrial Designs Update: Alignment with the Hague System
As of today, November 5, 2018, the changes the Industrial Design Act and Rules have come into force bringing the Industrial Design Act and Rules into alignment with the Hague System. The Hague System enables design patents to be filed and managed in multiple countries via one application. Some key...
Canadian Patent Updates
On September 30th, Canada, the U.S. and Mexico reached an agreement in regards to the renegotiation of the North American Free Trade Agreement (NAFTA). The new United States-Mexico-Canada Agreement (USMCA) will have the following influence on Intellectual Property: The term of protection for new innovative drug products containing a...
Ms. Roshni Rasheed – Registered Canadian Patent Agent
The firm congratulates Ms. Roshni Rasheed for passing on her first sitting the 2018 Canadian Patent Agent Examination. Ms. Rasheed is now a Registered Canadian Patent Agent as well as being a Registered Indian Patent Agent.
Mr. Peng Li – Registered Canadian Patent Agent
The firm congratulates Mr. Peng Li on passing the 2018 Canadian Patent Agent Examination. Mr. Li is now a Registered Canadian Patent Agent. He is also a Chinese Patent Agent.
Federal Court of Appeal Confirms Flexibility in Section 45 Non‑Use Proceedings
Decision: Comité Interprofessionnel du Vin de Champagne & Institut National De L’origine Et De La Qualité v. Coors Brewing Company, 2026 FCA 2 (Jan. 9, 2026) Court: Federal Court of Appeal (Canada) Overview On January 9, 2026, the Federal Court of Appeal (“FCA”) ruled that section 45 of the Trademarks Act does not impose a fixed rule requiring a trademark owner to justify...
Trademark Confusion in Healthcare: Why Patients Matter in the Analysis
Introduction When it comes to trademark disputes in the pharmaceutical industry, the question of who counts as the relevant consumer can make or break a case. A recent decision of the Federal Court of Appeal in Samsung Bioepis Co., Ltd. v. Novartis AG (2025 FCA 212) sheds light on this issue....
Bad Faith Trademark Filings: Lessons from the Tress Wellness Case
When you build a brand, protecting it with a trademark is essential. But what happens when someone else registers your brand name before you do? A recent Federal Court decision in FXSWEDE AB v. Gengbin Xu (2025 FC 1864) sheds light on this issue. The case highlights how Canadian law...
Common Design and Patent Infringement: Lessons from Adeia v Videotron
In a noteable decision released on November 14, 2025, the Federal Court of Canada addressed and applied for the first time in a decision the doctrine of common design in the context of patent infringement. The case, Adeia Guides Inc. v Videotron Ltd., 2025 FC 1725, offers valuable insights for...
When an Inventor Represents Himself in Court: Justice Whyte Nowak’s Decision in Dusome v Canada
In a recent Federal Court ruling, Barry Dusome and Wyatt Dusome v Attorney General of Canada, Justice Allyson Whyte Nowak set aside a decision by the Commissioner of Patents that had rejected a long-pending patent application for a new poker-style card game. The case is notable not just for its...
Double Patenting in Canada: What Inventors Should Know from the NCS v. Kobold Case
Understanding Double Patenting and Divisional Patents If you're an inventor, entrepreneur, or business owner filing patents in Canada, you may have heard of double patenting. Double patenting is legal rule that prevents you from getting more than one patent for the same invention. This rule is especially important when filing divisional...
What Inventors Can Learn About Patent Claim Construction from the NCS v. Kobold Case
Understanding how patent claims are interpreted can make or break your intellectual property rights. A recent decision by the Federal Court of Appeal in NCS Multistage Inc. v. Kobold Corporation (2025 FCA 187) offers valuable lessons for inventors and businesses looking to protect their innovations through patents. In this post, we’ll...
Federal Court of Appeal Confirms Strict “Due Care” Standard for Patent Reinstatement
On September 5, 2025, the Federal Court of Appeal ruled in Canada (Attorney General) v. Matco Tools Corporation, 2025 FCA 156, reaffirming a strict “due care” standard for reinstating abandoned Canadian patents. This decision overturns a more flexible test from the Federal Court and highlights the high level of care...
CIPO Trademark Amendments Now in Force
Amendments to Canada’s Trademarks Act and Regulations took effect April 1, 2025. These changes are part of the Government of Canada’s Intellectual Property Strategy. They give the Registrar of Trademarks new powers and improve trademark procedures. Main Changes at a Glance Here are the key updates that took effect today: New authority...