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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.
[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.
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 ...
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.
The registrar general of Canada (French: registraire général du Canada) is responsible for registering all letters patent, commissions, instruments, proclamations, and any other documents that may, from time to time, be issued under the Great Seal of Canada or the Privy Seal of Canada.
Section 6 of the Trademarks Act sets out the situations where a trade-mark is confusing: . 6.(2) The use of a trade-mark causes confusion with another trade-mark if the use of both trade-marks in the same area would be likely to lead to the inference that the wares or services associated with those trade-marks are manufactured, sold, leased, hired or performed by the same person, whether or ...
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