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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.
The database offers various search filters, including trademark class, status, owner's name, and filing date, among others. These filters help users narrow their searches and locate relevant trademarks more efficiently. Image Search. One of the notable features of the Global Brand Database is its image search capability.
Under Canadian trade-mark law, "confusion" is where a trade-mark is similar enough to another trade-mark to cause consumers to equate them. Likelihood of confusion plays a central role in trade-mark registration, infringement and passing-off. [1] Whether a trade-mark or trade-name is confusing is a question of fact. [2]
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. Vapor Canada Ltd. that civil remedies pertaining to trade secrets fall within the provincial power over property and civil rights .
[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.
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
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