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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.
Critics of the Ontario Court of Appeal's interpretation of the Act in Molson argue that giving priority to registration strays from a fundamental precept of trade-mark law that owners' rights derive from use, not registration. [22] However, even under the Act it is not correct to say that registration makes a person the owner of a trademark ...
A trademark is a word, symbol, or design used to identify wares or services of a person or company. Trademarks are protected in Canadian law by the Trade-marks Act ( R.S.C. , 1985, c. T-13) . [ 6 ]
[14] [15] If a trademark application is refused, there is a right of appeal to the Federal Court of Canada. [14] [15] 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.
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