CIPO Targets Inactive Trademarks with New Pilot Project

The Canadian Intellectual Property Office’s Trademarks Opposition Board has launched a new pilot project. This initiative aims to clean up the Register of Trademarks by removing inactive trademarks. Project Overview Starting January 2025, the Registrar will issue monthly section 45 notices on randomly selected registrations. These notices will target trademarks registered for over three years. Owners must prove use or justify non-use. Categories and Process The project will include trademarks based on use, proposed use, use and registration abroad, and multiple bases. New tools...

December 16, 2024
By News
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Delays with the Canadian Patent Office Processing Correspondence

Delays with the Canadian Patent Office Processing Correspondence

November 1, 2024 - The delays in correspondence continue. For more information please see the Intellectual Property Institute of Canada’s latest update: click here. _________ October 10, 2024 - The Canadian patent industry is experiencing delays with the Canadian Patent Office (CPO) processing correspondence at this time. We advise that CPO has been in what we consider a “black out period” of reduced capacity for almost the last 3 months as it brings online a new operating system called MyCIPO Patents. The new operating...

October 10, 2024
By News, Patents
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IP Update | Scam Warning

Beware of Patent and Trademark Scams

It has come to our attention that there has been a recent uptake in scams targeting patent and trademark owners. Scammers are crafting fake notices to trick people into paying for unnecessary patent and trademark services. Protect your intellectual property by staying alert. How to  Spot a Scam First of all, watch out for urgent notices demanding immediate action or payment. Secondly, verify the sender's identity, as scammers often use fake email addresses. Be cautious if asked for payment or personal information...

August 7, 2024
By News, Patents, Trademarks
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We've Moved!

Important Update: We’ve Moved to a New Location!

We are pleased to share some exciting news with our valued clients and partners. As of June 3rd, we have relocated to a new office just down the street from our previous location. Our new address is: 11301-5045 Orbitor Drive, Mississauga, ON L4W 4Y4 Canada What Does This Mean for You? Seamless Transition: There will be no disruption to our business operations. Our dedicated team continues to provide the excellent intellectual property services you have come to expect. What Should You Do? Please update...

June 3, 2024
By News
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IP Law Update: More Time

Canada’s Path to Patent Term Adjustment: A Step Forward for Innovators?

On May 18th, 2024, the proposed regulations to enact the patent term adjustment (PTA) system were published for commentary. Understanding Patent Term Adjustment (PTA) The PTA system is a regulatory mechanism designed to compensate patent holders for delays in the patent granting process. When a patent’s issuance is delayed beyond a reasonable timeframe, the PTA system extends the patent’s life, ensuring that innovators do not lose valuable time to commercialize their inventions due to administrative setbacks. Eligibility To be eligible for an additional patent...

May 29, 2024
By News
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IP Update: Image of industrial design schemas

A Shift in Industrial Design Fees

In 2024, the Canadian Intellectual Property Office (CIPO) implemented a significant change to the fee structure for Industrial Design applications.  Along with this fee increase, there has also been a change associated with additional visual representations in an application, marking a departure from the previous page-based fee structure. This article provides a detailed analysis of this specific change. Let’s explore this further. The Old Fee Structure Previously, the fee structure for Industrial Design applications was based on the number of pages. Specifically,...

May 16, 2024
By Industrial Designs, News
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Header: IP Update; Image: a magnifying glass over a calculator. The word "FEES" is on the calculator screen

Important Update on Patent Maintenance Fees

The Canadian Intellectual Property Office (CIPO) has recently addressed a significant error. This error concerns the second, third and fourth year maintenance fees paid by small entity patent holders. Initially, the fees listed for the second to fourth anniversaries for small entities were listed as $50 and were not in accordance with inflation and the recent fee increase for January 2024.  The current small entity fee is now $56.21. This discrepancy was due to an oversight on behalf of CIPO. Prompt...

April 10, 2024
By News
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IP Decisions: Arc'teryx vs Adidas

Battle of the Brands: A Trademark Showdown in the Sports Industry

In the world of trademarks, a recent case has caught the attention of many. This case involves two major players in the sports industry, Amer Sports Canada Inc. and Adidas Canada Limited. As a Canadian trademark agent, I find this case particularly interesting due to its implications for trademark owners in Canada. The Case Overview Amer Sports Canada Inc., the holder of the “ARC’TERYX” trademark, filed a lawsuit against Adidas Canada Limited. The bone of contention was Adidas’ use of the name...

March 12, 2024
By News, Trademarks
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IP Decisions | Image of the letter AB in bronze

Federal Court Upholds Expungement of AVIREX Trademark for Non-Use

If you are a fan of the classic movie Top Gun, you may be familiar with the AVIREX brand of leather jackets worn by Tom Cruise and other actors. But did you know that the AVIREX trademark was recently expunged in Canada for non-use? Background of the Expungement Case In a recent decision, the Federal Court dismissed an appeal by Centric Brands Holding LLC (Centric), the current owner of the AVIREX trademark, from a decision of the Registrar of Trademarks to expunge...

February 27, 2024
By News
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Ip Update: Patent Box

Enhancing Canadian Innovation: Introducing the Patent Box Regime

In an exciting development for the Canadian innovation landscape, the federal government has announced its intention to explore the implementation of a patent box regime. This strategic move is designed to foster the creation, commercialization, and retention of intellectual property (IP) within Canada. Understanding the Patent Box Regime A patent box regime is a fiscal policy that offers preferential tax treatment for income generated from patented innovations. The aim is to incentivize companies to develop and commercialize their IP domestically, rather than...

February 20, 2024
By News
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Patents & Trademarks