John S. McKeown's Canadian Intellectual Property Law and Strategy: Trademarks, PDF

By John S. McKeown

ISBN-10: 0195369424

ISBN-13: 9780195369427

Canadian highbrow estate legislations and method presents a entire review of Canadian legislation in terms of logos, copyright and business designs, besides strategic, practice-oriented observation concerning how such legislation can most sensible be used for enterprise advantage.This e-book offers a different, strategic, transnational method of maintaining IP rights in Canada for criminal practitioners outdoor Canada. it's a unmarried, unified resource for trademark, copyright, and commercial layout legislation in Canada, together with designated research of the approaches required to acquire and continue highbrow estate safeguard, with useful examples drawn from the author's large perform experience.Canadian highbrow estate legislations and approach is equipped into 3 parts:The first a part of the booklet is dedicated to emblems. The ebook, as well as delivering an summary of Canadian trademark legislation, bargains with how a international trademark proprietor can use the approach such a lot advantageously. The preliminary concentration is on acquisition of rights whereas later chapters describe the easiest thoughts to keep up and defend trademark rights in Canada.The moment a part of the ebook is dedicated to copyright, with a vast, business-oriented remedy that displays the doubtless far-reaching influence of the legislation. The method is of a common advertisement nature, emphasizing how rights may be safe in Canada. particular cognizance is given to realizing which rights can be found and the stairs that are supposed to be taken to guard these rights, even if via the precise assignments and registrations, or enforcement activities within the Canadian courts.The 3rd a part of the booklet specializes in business designs, and explains what has to be performed and whilst by means of brands to guard their items. The emphasis is at the steps required to guard and assert rights opposed to infringers.

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Extra resources for Canadian Intellectual Property Law and Strategy: Trademarks, Copyright and Industrial Designs

Example text

3. 4. C. 1985, c. T-13, as amended. Mattel, Inc. v. ). Mattel, Inc. v. ). Mattel, Inc. v. ). Basic Definitions proposed corporate name is not so similar to an existing business name as to be confusing. The Province of Quebec has adopted the Charter of the French language to promote the status and the use of the French language in that province. The Charter provides that every inscription on a product, on its container or on its wrapping or on a document or objects supplied with it, including the directions for use and the warranty certificates, must be drafted in French.

V. Hartstone, [1953] Ex. R. 1 (Ex. ); Jordan & Ste. Michelle Cellars Ltd. v. Gillespies & Co. R. ). 35. Pizza Pizza Ltd v. Reg. TM. R. ); Clarkson Gordon v. R. ). 36. Drackett Co. v. , [1968] 2 Ex. R. 89 (Ex. ). 37. Thompson J. Lipton Ltd. v. , (No. R. ); Jordan & Ste. Michelle Cellars Ltd. v. G. Bright & Co. R. ). 38. Registrar of Trade-marks v. A. R. ); Mitel Corporation v. R. ); Cafe Supreme F. & P. Ltee. v. G. Can. R. ). 39. Mitel Corporation v. R. ); Unilever Canada Inc. v. R. ). 40. Nabisco Brands Ltd.

The Canadian Intellectual Property Office Practice Notice, dated August 27, 2007, takes the position that such use will not be “use” for the purpose of section 9 relying on Canada Post Corp. v. R. ) and Canadian Rehabilitation Council for the Disabled v. R. ) but there are two other Federal Court decisions that reached the opposite result, Ontario Association of Architects v. R. ) and Magnotta Winery Corporation v. R. ). 72. Canadian Rehabilitation Foundation for the Disabled v. R. ). Basic Definitions finding that the giving of public notice of the adoption and use of the mark by 73 the public authority was ineffective under section 9 of the Act.

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Canadian Intellectual Property Law and Strategy: Trademarks, Copyright and Industrial Designs by John S. McKeown

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