Trade-marks: Ensure that your brand is distinctive, not descriptive

Article
March 3, 2014
Read Time: 3 minutes

A stylized check mark or “swoosh”; a red bulls-eye target; rounded golden arches shaped like the letter “M”: an easily recognizable trade-mark is one of the most important assets a business can have. It helps create brand loyalty and goodwill among customers and can raise a business’ profile and ultimately, its profit. In an increasingly globalized world where brand recognition and customer loyalty are paramount, protecting one’s trade-marks is crucial.

Patents, Trade-marks, and Copyrights as Collateral

Article
October 1, 2013
Read Time: 3 minutes

Property that a borrower has pledged as security in a transaction is often referred to as collateral. Your intellectual property (‘IP’) rights are assets that can be used as collateral for financing your business through a secured transaction. Historically, borrowers and lenders only used land as collateral. However, as the economic base of society shifted, other types of property acquired value, and borrowers and lenders began to recognize its worth as collateral.

Trademark Protection for Domain Names

Article
July 10, 2013
Read Time: 2 minutes

A domain name is an address that is used to identify and find web pages on the Internet. A business’ domain name is central to the web-based activities that it conducts. Trademark registration is the most effective way of protecting your website domain name and many businesses register domain names that contain their trademarks.

A New Threat to the Rights of Trademark Owners

Article
June 26, 2012
Read Time: 2 minutes

Do you know that a typical Internet domain name consists of two parts? In view of the vast number of potential new gTLDs, trademark owners should be concerned that one or more of these proposed new domains might infringe their trademarks.

IP News Flash – “.xxx” domain names are coming!

Article
January 16, 2012
Read Time: 2 minutes

The Internet Corporation for Assigned Names and Numbers (ICANN), announced in 2011 that the domain name “.xxx” is now available for registration. This means the public (e.g. the adult entertainment industry) could register your company name under .xxx.

“Good Faith” – How Good Must It Be?

Article
August 18, 2010
Read Time: 3 minutes

Paragraph 73(1)(a) of the Patent Act deems a Canadian patent application to be abandoned if the applicant does not reply in good faith to any requisition made by an examiner during an Office Action. An issued patent could also be retroactively voided by operation of this subsection if and when challenged in a court of law.

Canadian Patent and Trademark Practice Changes

Article
June 6, 2007
Read Time: 6 minutes

This article lists a number of changes in the practice of Canadian Patents and Trademarks, which came into effect in 2007. Wing Yan describes how these changes will affect clients, their fees, guidelines, and time limits among others.

Ensuring Continued Access to the American Market: The Customs-Trade Partnership Against Terrorism Initiative (C-TPAT)

Article
June 1, 2007
Read Time: 3 minutes

For years, the US and Canada have been working together on measures to enhance border security without hindering the flow of trade. The tension between security and the free flow of goods goals was never more evident than immediately after the September 11 attacks. Canadian exporters remember all too well the miles-long tie-ups at border crossings across the continent.

Patenting computer software: can it be done and if so, how?

Article
July 21, 2006
Read Time: 4 minutes

The matter of software patents has been an interesting topic among intellectual property professionals. Some readers may have been under the impression that a computer program, per se, is not patentable.

Canadian – U.S. Patent Dancing in Closer Harmony

Article
January 1, 2002
Read Time: 4 minutes

It seems, for the time being, Canadian practitioners may be able to dance closer in harmony with our neighbouring counterparts. Since many of the changes will affect Canadian patent practitioners, a summary of the new law is provided in this article.