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We are pleased to announce that Sousa Silva of "Sousa Saraiva da Silva - IP" has joined The Lawyer Network as our IP member in Angola. For Sousa's full profile, please visit:
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Announcement - New member of The Lawyer Network in Canada
We are delighted to announce that Johanne Auger of 'BCF' has joined The Lawyer Network. Johanne has joined the network as our Trademark member in Canada.
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Announcement - New member of The Lawyer Network in Australia
We are delighted to announce that Jeffrey Chard of 'Paul Bard' has joined The Lawyer Network. Jeffrey has joined the network as our Insolvency member in Australia.
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Announcement - New member of The Lawyer Network in Malaysia
We are delighted to announce that Karen Abraham of 'Shearn Delamore & Co.' has joined The Lawyer Network. Karen has joined the network as our Intellectual Property member in Malaysia.
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Influencers and Counterfeiting: Risks and Consequences
Counterfeiters readily exploit the influence and popularity of social networks to promote their products, particularly through content creators. However, selling and advertising counterfeit products constitute trademark infringement, a violation of the Trademarks Act.
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Monitoring Third Parties’ Use of Similar Trademarks is Essential to Safeguarding your Rights and Market Share
Unlike other intellectual property assets like patents and copyrights, trademarks do not have an expiry date in Canada, if they are used. Thus, the value of a trademark can perdure and even increase over time, provided the owning company actively prevents third parties from using an identical or confusingly similar mark!
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Adjustment of Trademarks Fees – Be Prepared
The Canadian Intellectual Property Office (CIPO) will be increasing most of its official fees by approximately 25% on January 1, 2024. Proper preparation is therefore recommended.
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Free Trade Agreements: Their Potential Impact on Your Trademark Protection Strategy Abroad
At a time when many Canadian companies are looking to relocate their factories or find new suppliers, which are often based in China, India is emerging as a destination of choice. India, the world's most populous country, is expanding rapidly, particularly in the construction, agriculture, and technology sectors.
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BIMI (Brand Indicators for Message Identification): Registered Trademark Required
BIMI, which stands for "Brand Indicators for Message Identification," allows companies to display their logo on the left side of authenticated emails. In a time when consumers receive countless emails in their inboxes, this feature makes it possible to see immediately which emails come from your company and avoid opening unauthenticated emails that may be phishing attempts. Among other things, this increased visibility of a company's logo can make the BIMI service interesting for many companies.
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NFTs and Terms of Use: They Go Hand in Hand
Non-fungible tokens (NFTs) are still a hot topic. In this post, you will find out about some of the conditions of use that are essential to their commercialization.
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Industrial Design and Trademarks Go Hand in Hand
Judicial decisions in matters of industrial design infringement are not common. The recent Federal Court decision in Crocs Canada Inc v Double Diamond Distribution Ltd, 2022 FC 1443, is worth noting.
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The Idea of a New Mark Is Not Enough
In the excitement of launching a new business, product or service, unveiling the trademark under which you will do business can be tempting. However, it is better to hold back or to be proactive by filing an application to register the trademark in question with the Canadian Trademark Registrar.
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Trademarks and Changes to the Charter of the French Language – Be ready!
You have probably heard about the statute that will bring important changes to the Charter of the French Language (“Bill 96”) which is gradually coming into force since June 1, 2022. These changes could potentially have an impact on the use of your trademarks in Quebec.
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When Trademarks and Geography Don’t Mix
You are the proud manufacturer of a product or a service originating from your home area, and you wish to highlight its place of origin by naming your product or service after a river, a county, a village, or a neighbourhood? Unfortunately, there are many risks in doing so.
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The Trap of Using Laudatory Trademarks
Do you want to position yourself on the market using a name or a slogan referring to the quality of your products or services? Are you convinced you are the best and want to show it through a name or a slogan?That's fine, but you should know that you cannot, in most cases, monopolize this name or slogan by registering it as a trademark, nor can you prevent anyone in your industry from using a similar name or slogan. If you claim to be the best, know that everyone else can claim to be the best too.
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Trademarks and Reserved Designations: Not Everyone Can Make “Farmstead Cheese”
Last March, the added-value claim “Farmstead Cheese” was officially recognized by Québec’s government. This adds farmstead cheeses to the seven reserved designations recognized in the Province of Québec, including the “organic” certification, “Québec wine”, “Neuville Sweet Corn” and “Agneau de Charlevoix”.
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Intellectual Property and Emojis: Who Owns the Smiley Face?
We use them all the time to make our online conversations more expressive. Emojis have become part of our daily lives, but who owns them? The question arises whenever a company wants to use them as a trademark or include them in a mark.
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Trademarks on the Beverage Market, Alcoholic or Not: Avoid Drinking the Cup
The popularity of local products among Quebecers has dramatically increased in recent years, and alcoholic and non-alcoholic beverages are no exception. Spirits of all kinds, microbrewery beers, wines, ready-to-drink cocktails and seltzers, both alcoholic and non-alcoholic - the variety of products from Québec is growing steadily. Under these circumstances, companies specializing in beverages must stand out from the competition by using an eye-catching trademark.
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A Few Things to Consider for Your Pharmaceutical Trademark
Pharmaceutical and medical products are no exception to the fierce competition between companies to make their products stand out. However, finding a trademark for this type of product requires special considerations, mainly because of a specific Health Canada policy that applies to these products, in addition to the general criteria provided in the Trademarks Act.
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Trademarks Modernization Act Comes into Effect: Time to Redefine Your Trademark Protection Strategy in the United States
In 2019, the U.S. Congress passed a law that would modernize the U.S. Trademark Act. Most changes brought about by this law have now come into effect.
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Unconventional Trademarks and their Protection in the Legal System
We understand for "conventional" trademarks as those that are expressed by words, numbers, images or symbols, that is, they can only be perceived by the sense of sight. On the other hand, the so-called "Unconventional" trademarks can be distinguished by any of the five senses and are expressed through unusual methods, such as, for example, a type of experience used as part of a marketing strategy in order to leave a mark on consumers, thus in this way orienting their preferences towards a certain offer.
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Announcement - New member of The Lawyer Network in Philippines
We are delighted to announce that Jose Luis V. Agcaoili of 'Agcaoili & Associates' has joined The Lawyer Network. Jose has joined the network as our Aviation member in Philippines.
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Announcement - New member of The Lawyer Network in Washington DC
We are delighted to announce that Mary Joyce Carlson has joined The Lawyer Network. Mary has joined the network as our Compliance member in Washington DC.
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Announcement - New member of The Lawyer Network in India
We are delighted to announce that Malavika T. Vikram of 'De Penning & De Penning' has joined The Lawyer Network. Malavika has joined the network as our Trademark member in India.
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Whether or Not to Include CISG in International Contracts
The United Nations Convention on Contracts for the International Sale of Goods (CISG), also known as the Vienna Convention and introduced by UNCITRAL in 1980, is a treaty that establishes a uniform set of rules for agreements for the international sale of goods, seeking to facilitate cross-border trade and expand the interrelationship between the economies of nations on a global scale.
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Your Rights as a Data Subject Under the GDPR: “The Right of Access”
As a data subject whose personal data is processed, you invariably have the right to access. However, this right of access is not absolute. We clarify what this means, how you exercise this right and what response should be given.
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Peruvian IP Developments in 2022
After Peru has stabilized, having passed the pandemic, the year 2022 has brought a lot of important jurisprudence to take into account in the field of intellectual property in our country.
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Announcement - New member of The Lawyer Network in Saint Kitts and Nevis
We are delighted to announce that Kurlyn Merchant of 'Merchant Legal Chambers' has joined The Lawyer Network. Kurlyn has joined the network as our Civil member in Saint Kitts and Nevis.
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Announcement - New member of The Lawyer Network in Romania
We are delighted to announce that Alina Lefter of 'Dragomir & Asociatii Law Firm' has joined The Lawyer Network. Alina has joined the network as our Litigation member in Romania.
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Announcement - Continued member of The Lawyer Network in Romania
We are delighted to announce that Mihai Mares of 'Mareș & Mareș' has continued their membership of The Lawyer Network. Mihai has remained with the network as our exclusive White Collar Crime member in Romania.
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