Canadian Trademark Law
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Canadian Trademark Law
Canadian trademark law provides protection to marks by statute under the '' Trademarks Act'' and also at common law. Trademark law provides protection for distinctive marks, certification marks, distinguishing guises, and proposed marks against those who appropriate the goodwill of the mark or create confusion between different vendors' goods or services. A mark can be protected either as a registered trademark under the ''Act'' or can alternately be protected by a common law action in passing off. Overview The scope of Canadian trademarks law A trademark is only protected to the extent that it is used by a person to distinguish a product or service from another. Trademarks do not give exclusive rights to a symbol, for instance, but only for the symbol in relation to a particular use in order to distinguish the product from others. Trademarks help potential customers to identify the source of products and thus have a significant impact on trade, especially when product identity ...
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Trademarks Act
Canadian trademark law provides protection to marks by statute under the '' Trademarks Act'' and also at common law. Trademark law provides protection for distinctive marks, certification marks, distinguishing guises, and proposed marks against those who appropriate the goodwill of the mark or create confusion between different vendors' goods or services. A mark can be protected either as a registered trademark under the ''Act'' or can alternately be protected by a common law action in passing off. Overview The scope of Canadian trademarks law A trademark is only protected to the extent that it is used by a person to distinguish a product or service from another. Trademarks do not give exclusive rights to a symbol, for instance, but only for the symbol in relation to a particular use in order to distinguish the product from others. Trademarks help potential customers to identify the source of products and thus have a significant impact on trade, especially when product identity ...
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Obscenity
An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be used to indicate strong moral repugnance and outrage, in expressions such as "obscene profits" and "the obscenity of war". As a legal term, it usually refers to graphic depictions of people engaged in sexual and excretory activity, and related utterances of profane speech. United States obscenity law In the United States, issues of obscenity raise issues of limitations on the freedom of speech and of the press, which are otherwise protected by the First Amendment to the Constitution of the United States. Federal obscenity law in the U.S. is unusual in that there is no uniform national standard. Former Justice Potter Stewart of the Supreme Court of the United States, in attempting to classify what material constituted exactly "what is ...
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World Intellectual Property Organization
The World Intellectual Property Organization (WIPO; french: link=no, Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishing the World Intellectual Property Organization, WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organizations. It began operations on 26 April 1970 when the convention entered into force. The current Director General is Singaporean Daren Tang, former head of the Intellectual Property Office of Singapore, who began his term on 1 October 2020. WIPO's activities include hosting forums to discuss and shape international IP rules and policies, providing global services that register and protect IP in different countries, resolving transboundary IP disputes, helping connect IP systems through uniform standards and infrastructure, and serving as a general ...
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Official Mark
An official mark (sometimes denoted by the symbols OM, M, or Ⓜ) is a form of intellectual property which exists in Canada under section 9 of the Trade-marks Act, which allows for the protection of names and designs used by Canadian public authorities (including governments and government agencies, Crown corporations, and certain nonprofit organizations) for goods or services. Official marks are not themselves trademarks, but are a subtype of another category of marks defined in the Trade-marks Act known as "prohibited marks". The Act states that no one can use, in connection with a business, any trademark identical or confusingly similar to a prohibited mark without the permission of the relevant organization. Like trademarks, official marks (and other prohibited marks) are filed with the Canadian Intellectual Property Office to be published in the ''Trademarks Journal'' and are searchable through the Canadian Trade-marks Database. Unlike Canadian trademarks, official marks do ...
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Trademark Symbol
The trademark symbol is a symbol to indicate that the preceding mark is a trademark, specifically an unregistered trademark. It complements the registered trademark symbol which is reserved for trademarks registered with an appropriate government agency. In Canada, an equivalent symbol, (U+1F16A) is used in Quebec. Canada also has an Official mark symbol, , to indicate that a name or design used by Canadian public authorities is protected. Some German publications, especially dictionaries, also use a grapheme, (U+1F12E), which is informative and independent of the actual protection status of the name. Use Use of the trademark symbol indicates an assertion that a word, image, or other sign is a trademark; it does not indicate registration or impart enhanced protections. Registered trademarks are indicated using the registered trademark symbol, , and in some jurisdictions it is unlawful or illegal to use the registered trademark symbol with a mark that has not been ...
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Section 45 Proceeding
Section, Sectioning or Sectioned may refer to: Arts, entertainment and media * Section (music), a complete, but not independent, musical idea * Section (typography), a subdivision, especially of a chapter, in books and documents ** Section sign (§), typographical characters * Section (bookbinding), a group of sheets, folded in the middle, bound into the binding together * The Section (band), a 1970s American instrumental rock band * ''The Outpost'' (1995 film), also known as ''The Section'' * Section, an instrumental group within an orchestra * "Section", a song by 2 Chainz from the 2016 album '' ColleGrove'' * "Sectioning", a ''Peep Show'' episode * David "Section" Mason, a fictional character in '' Call of Duty: Black Ops II'' Organisations * Section (Alpine club) * Section (military unit) * Section (Scouting) Science, technology and mathematics Science * Section (archaeology), a view in part of the archaeological sequence showing it in the vertical plane * Section ( ...
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Intellectual Property Law In Canada
Canadian intellectual property law governs the regulation of the exploitation of intellectual property in Canada. Creators of intellectual property gain rights either by statute or by the common law. Intellectual property is governed both by provincial and federal jurisdiction, although most legislation and judicial activity occur at the federal level. Jurisdiction Under the Constitution Act, 1867, patent and copyright law are the exclusive jurisdiction of the Federal Government of Canada. While trademarks and industrial design are not specifically mentioned by the Constitution Act, the federal government has enacted legislation governing both. Canadian courts have upheld these pieces of legislation as being properly under the federal government's control. Intellectual property rights Copyright Protections for copyright are governed by the Copyright Act of Canada. The Act was first passed in 1921, and has been amended several times over the years. Purpose Older Canadi ...
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Veuve Cliquot
Veuve Clicquot Ponsardin () is a Champagne house founded in 1772 and based in Reims. It is one of the largest Champagne houses. Madame Clicquot is credited with major breakthroughs, creating the first known vintage champagne in 1810, and inventing the riddling table process to clarify champagne in 1816.G. Harding ''"A Wine Miscellany"'' pp 45–47, Clarkson Potter Publishing, New York 2005 H. Johnson ''Vintage: The Story of Wine'' pg 337 Simon & Schuster 1989 In 1818, she invented the first known blended rosé champagne by blending still red and white wines, a process still used by the majority of champagne producers. During the Napoleonic Wars, Madame Clicquot made strides in establishing her wine in royal courts throughout Europe, notably that of Imperial Russia. She played an important role in establishing Champagne as a favored drink of high society and nobility throughout Europe. The house has borne its distinctive gold-yellow label since the late 19th century. ...
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Barbie
Barbie is a fashion doll manufactured by American toy company Mattel, Inc. and launched on March 9, 1959. American businesswoman Ruth Handler is credited with the creation of the doll using a German doll called Bild Lilli as her inspiration. Barbie is the figurehead of a brand of Mattel dolls and accessories, including other family members and collectible dolls. Barbie has been an important part of the toy fashion doll market for over six decades and has been the subject of numerous controversies and lawsuits, often involving parodies of the doll and her lifestyle. Mattel has sold over a billion Barbie dolls, making it the company's largest and most profitable line. The brand has expanded into a long-running multimedia franchise since the late 1980s, including video games and CGI/computer-animated films, the latter which began in 2001, became originally available on home video formats and broadcast regularly on the Nickelodeon cable channel in the United States from 2002 ...
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The Market For Lemons
''The Market for Lemons: Quality Uncertainty and the Market Mechanism'' is a widely-cited 1970 paper by economist George Akerlof which examines how the quality of goods traded in a market can degrade in the presence of information asymmetry between buyers and sellers, leaving only "lemons" behind. In American slang, a lemon is a car that is found to be defective after it has been bought. Suppose buyers cannot distinguish between a high-quality car (a "peach") and a "lemon". Then they are only willing to pay a fixed price for a car that averages the value of a "peach" and "lemon" together (''p''avg). But sellers know whether they hold a peach or a lemon. Given the fixed price at which buyers will buy, sellers will sell only when they hold "lemons" (since ''p''lemon  ''p''avg). Eventually, as enough sellers of "peaches" leave the market, the average willingness-to-pay of buyers will decrease (since the average quality of cars on the market decreased), leading to even more selle ...
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Federal Court (Canada)
The Federal Court (french: Cour fédérale) is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction. History The Court was created on July 2, 2003 by the Courts Administration Service Act' when it and the Federal Court of Appeal were split from their predecessor, the Federal Court of Canada (which had been created June 1, 1971, through the enactment of the ''Federal Court Act'', subsequently renamed the ''Federal Courts Act''. The Court's authority comes from the ''Federal Courts Act''. On October 24, 2008, the Federal Court was given its own armorial bearings by the Governor General, the third court in Canada to be given its own Coat of Arms – after the Court Martial Appeal Court of Canada and Ontario Superior Court of Justice. The coat of arms features a newly created fantastical creature, the winged sea caribou, as the supporters, representing the provision of justic ...
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Trademarks Opposition Board
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, an ...
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