Upcoming Changes to Trademark Fees in Canada
by Adam M. Tracey on July 4, 2016
As has been well reported both here and across the Internet, Canada has recently passed significant changes to both its patent and trademark laws that will likely come into full effect sometime in late 2017 or early 2018.
From the trademarks perspective, these changes are highly substantive in nature and will effect significant changes to the way registered trademarks are obtained and maintained in Canada.
World Industrial Design Day
by Taiji Yoshino on June 27, 2016
Wednesday, June 29th is World Industrial Design Day! First declared in 2007 to mark the 50th Anniversary of the International Council of Societies of Industrial Design (Icsid), it is a day to promote awareness of the industrial design industry.
The Ins and Outs of NDAs
by Adam M. Tracey on June 15, 2016
My new clients regularly ask me a question that goes something like this: “I am talking with a potential business partner who I am really excited to work with. Should I ask them to sign an NDA before I tell them about my idea?”
The unspoken corollaries to this initial question are: Will a seasoned businessperson be offended by the implication that a non-disclosure agreement (“NDA”) is even necessary? What happens in the event that the terms of the NDA are breached? Do these agreements have any legal force and effect?
2016 INTA Annual Meeting Wrap-Up
by Adam M. Tracey on June 1, 2016
On behalf of the entire IP Group at Nelligan O’Brien Payne LLP, a big thank-you to all of our trusted associates and great friends (both old and new) that fit us in to their incredibly busy schedules during the INTA Annual Meeting last week.
Do I Really Have to Register My Trademark? Common law and Registered Trademarks
by Adam M. Tracey on April 28, 2016
Your brand is often the most valuable part of your business - particularly in fields where there is no underlying technology that differentiates a company’s product or services from a competitor. Why do we enjoy shopping at some grocery chains rather than others, or purchase one brand of car rather than another?
The reasons why we make our consumer choices are numerous and vary greatly: customer experience, perceived value, aesthetics, quality of manufacture, inherent “coolness” - the list goes on and on. However, the fact remains that many of these concepts are intangible and the only way to truly protect a business in the minds of your customers it to prudently protect the brand, as well as the image and “goodwill” associated with it. This is where trademark law comes in to play.