Monday, February 26, 2018

Canada's Trademark Laws with Significant Changes

Canada will be making the most significant changes to their TM law i nearly 50 years.

Some of the key changes to Canada’s trademark law and their impact include the following:

  • Trademark applications will be simplified
  • The definition of a trademark will be greatly expanded
  • It will finally be possible to divide applications in Canada, which will be of strategic assistance during prosecution and in some oppositions.
  • A Declaration of Use will no longer be required. 
  • The term of registration will be reduced from 15 to 10 years.
  • Canada will become a member of the Madrid Protocol.
  • Third party correspondence (i.e, Letters of Protest) will be permitted during prosecution. 
  • The government registration fee will be eliminated.

For more insight visit:

Monday, December 11, 2017

The basics of trademark law UKIPO

Excellent Resource on UKIPO, TM law. 

What is a trade mark?In the UK, the trademark regime is predominantly governed by the Trade Marks Act 1994, and is largely harmonised the EU trade mark law. Section 1 of this Act defines a trade mark as:
"any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings."
A trade mark must be:

1. A sign
2. Capable of being graphically represented -
3. Capable of distinguishing goods or services of one undertaking from those of other undertakings 

Three options when it comes to applying to register a trade mark:
  1. Firstly, you can register a trade mark by applying to the United Kingdom Intellectual Property Office (abbreviated to the UKIPO). 
  1. The second option is to file an application with the EU Intellectual Property Office (abbreviated to the EUIPO). 
  1. An application can be made using the Madrid Protocol.

Monday, October 16, 2017

Should Australia TM 'UGGS'?

As fine as French 'Champagne', some are in Australia are advocating for the TM of 'UGGS'. Here's the read over at the NYT:

Monday, September 11, 2017

Monday, August 28, 2017

Fight Neo-Nazis with TM infringement?

Im the wake of the sudden explosion of public displays of racial hatred at the hands of neo-Nazis and white supremacists, some lawyers are using their power for good ;) in a curious idea to us TM law as the tool.

Here's more:

Friday, June 10, 2016

More on digital TM infringement

The rise of the digital age presents new challenges for trademark law. The ongoing discussion to keep up legislation to match technology is ever evolving, and if you stop for a moment, laws will fall further and further behind. An article on 3D printing and TM.
Trademark law arose in a world of physical goods to protect manufacturers and prevent consumer confusion as to who manufactured the goods. In a digital world, manufacturing will increasingly be done, if at all, by individuals with 3D printers. ... Where consumers care about the quality of a digital file, trademark law can protect consumers from being deceived by indicia external to the file. But if purchasers are not confused about the source of the digital file based on external indicia, courts should channel any other potential claims (if any) to other areas of intellectual property law.