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[13] [14] If a trademark application is refused, there is a right of appeal to the Federal Court of Canada. [13] [14] If a trademark application is approved, the Trademarks and Industrial Design Branch is also responsible for advertising it in the Trademarks Journal and, ultimately, processing the registration and renewal of the trademark.
Canadian trademark law provides protection to marks by statute under the Trademarks Act [1] 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.
Additionally, there must be some element of secrecy. Matters of public knowledge or of general knowledge in an industry cannot be the subject-matter of a trade secret. [11] While most areas of Canadian intellectual property law are within the purview of Parliament and the Federal government, the Supreme Court of Canada ruled in MacDonald v
Trademark owned by Philips in the European Union and various other jurisdictions, but invalidated in the United States due to it being merely a descriptive term. [2] [3] [4] Aspirin Still a Bayer trademark name for acetylsalicylic acid in about 80 countries, including Canada and many countries in Europe, but declared generic in the U.S. [5] Catseye
Made in Canada (French: Fabriqué au Canada) and Product of Canada (Produit du Canada) are certification marks designating a claim that Canada is the country of origin of a good. A product label for that good may use these marks, or a qualified version, to present that claim to consumers.
The department was known as Industry Canada (IC) prior to 2015. The department is led by the minister of innovation, science and industry (currently François-Philippe Champagne ), who also serves as the registrar general of Canada and is responsible for the department to Parliament .