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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.
However, whatever their commercial evolution, the legal purpose of trade-marks continues (in terms of s. 2 of the Trade-marks Act, R.S.C. 1985, c. T-13) to be their use by the owner "to distinguish wares or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others".
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. [12]
[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.
Canada Elections Act, 2000; Canada National Parks Act, 2000; Crimes Against Humanity and War Crimes Act, 2000; Personal Information Protection and Electronic Documents Act, 2000; Canada Foundation for Sustainable Development Technology Act, 2001; Immigration and Refugee Protection Act, 2001; Proceeds of Crime (Money Laundering) and Terrorist ...
The Canadian Intellectual Property Office (CIPO), part of Industry Canada, administers intellectual property laws concerning the registration of patents, trade-marks, copyrights, industrial designs and integrated circuit topographies.
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