Trademarks Act & Commentary, 2021 Edition
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Trademarks Practice after CUSMA
The 2021 Edition of this trademark law desktop reference for IP practitioners, agents and clerks brings together the full text of the up-to-date Trademarks Act and Regulations, selected provisions of other governing legislation and other practice-related materials. The year in review and introductory commentary, prepared by Sanjukta Tole and Nathan Fan, fully update you on legislative, jurisprudential and practice developments.
Features and Benefits
- Introductory commentary – Gain an overview of both the legislative and operative frameworks for trademark practice in Canada
- Year in review – Discover major recent developments and their implications on trademark practice
- Full text of key legislation and pertinent materials – Locate all essential trademark information and data with no need to search elsewhere
- Practice notices – Follow current Trademarks Office and Trademarks Opposition Board Practice Notices and keep abreast of latest changes
- The Trademarks Examination Manual
- Madrid Examination and Procedures Manual
- Relevant sections of the Competition Act
- Tariff of fees
- Table of concordance comparing the Trademarks Act, R.S.C. 1985, c. T-13 to the Trademarks Act, R.S.C. 1970, c. T-1
New Edition Highlights
- Discussion of changes to trademark practice arising from Bill C-4, which received Royal Assent on March 13, 2020 and came into force on July 1, 2020, implementing CUSMA. Amendments include an extension of the border enforcement measures relating to counterfeit goods caught in-transit through Canada, which are currently excluded from the importation and exportation provisions, and a deemed infringement provision for clear cases of counterfeit products being imported into Canada on a commercial scale, which streamlines the process for registered trademark owners to obtain a finding of infringement
- 2020 Year In Review, noting key developments and recent decisions pertaining to:
- Official marks (Quality Program Services Inc. v. Ontario (Minister of Energy), 2020 FCA 53))
- Revised Framework for Standard of Review on S.56 Appeals (The Clorox Company of Canada, Ltd. v. Chloretec S.E.C. 2020 FCA 76)
- Revised trademark practice checklists
- All new or recently issued Trademarks Office Practice Notices and Trademark Opposition Board Practice Notices
Who Uses This Consolidation?
- Intellectual property lawyers who need to stay abreast of the latest developments in trademarks
- Trademark agents/clerks who must have instant access to pertinent legislation and related material for completing trademark applications and processing claims
- Intellectual property trainees/students who need an overview of trademark law and practice
- Large business corporations and in-house counsel who need to protect their own trademarks
- Canadian Intellectual Property Office, Industry Canada and the Intellectual Property Institute of Canada who must have instant access to key legislation and material in delivering current programs and services
Table of contents
Year in Review
Table of Concordance
Trademarks Regulations, SOR/2018-227
Trademarks Examination Manual
Madrid Examination and Procedures Manual
Paris Convention for the Protection of Industrial Property
Selected Provisions of the Competition Act
Selected Provisions of the Criminal Code
Olympic and Paralympic Marks Act & Regulations
Membership List of the World Trade Organization