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January 2026

Ambiguity Strikes Again: The Court of Appeal Finds the Claims Ambiguous

IP Decisions /

On January 22, 2026, the Federal Court of Appeal (per Locke J.A, Roussel J.A., and Goyette J.A.) (“FCA”) upheld the Federal Court’s (“FC”) ruling that certain claims in AP&C ADVANCED POWDERS & COATINGS INC.’s Canadian Patents Nos. 3,003,502 and 3,051,236 (collectively, the “AP&C Patents”) were ambiguous and therefore invalid. This decision is notable for at […]

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Federal Court Outlines Test for Admitting New Evidence on Appeals From the Trademarks Opposition Board

Trademarks /

Co-authored with Marc Mitri On January 16, 2026, the Federal Court (per McHaffie J) held that the Trademarks Opposition Board (“Board”) erred in refusing registration of Products Unlimited, Inc.’s (“Applicant”) FILTER DESIGN trademark. Of note, this was the first judicial decision to consider the interpretation of subsection 56(5) of the Trademarks Act (effective April 1,

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New Owner Jurisprudence – FCA Accepts a Flexible Interpretation of Section 45 of the Trademarks Act

Trademarks /

In a decision issued January 9, 2026, the Federal Court of Appeal (per LeBlanc JA, Roussel JA, and Heckman JA) (“FCA”) upheld the Federal Court’s (“FC”) decision to maintain three of Coors Brewing Company’s (“Coors”) trademark registrations related to beer products (collectively “the Trademarks”). The FC had held there were special circumstances that excused the

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