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Borden Ladner Gervais LLP

Trade-mark Practice in Canada: A Practical Guide

Trade-mark Practice in Canada: A Practical Guide

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This book provides a practical overview of Canadian trade-mark practice.

Chapters 1 through 3 summarize general trade-mark practice in Canada, including the procedural and specific requirements for filing trade-mark applications. Chapter 3 highlights some of the unique aspects of these requirements and the relevant case law related to prohibited marks, including official marks and geographical indications of origin. The chapter also discusses French language requirements and exceptions, as well as sanctions and recourses under the Charter of the French Language.

Chapter 4 focuses on special trade-marks in Canada, including certification marks, distinguishing guises, and related issues.

Chapters 5 through 7 focus on adversarial and/or contentious proceedings such as oppositions, cancellation, passing off, and infringement, and discuss the relevant case law.

Finally, chapters 8 and 9 provide an overview of issues related to due diligence and domain names.

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