On June 25, 2026, the Federal Court (per Whyte Nowak J.) applied its “gate-keeping function” and refused to allow a party to file new evidence on appeal that could have been tendered before the Trademark Opposition Board (“TMOB”). This is yet another reminder that under the current law, parties to trademark opposition proceedings must put their […]
On May 5, 2026, the Federal Court of Appeal (per Locke J.A., Roussel J.A., and Heckman J.A.) (“FCA”) upheld a Federal Court decision invalidating portions of several THERME-formative trademark registrations owned by Therme Development (“Therme”). The decision is noteworthy for its treatment of descriptiveness (including bilingual analysis), confusion and expert evidence. Therme Development (CY) Ltd.
FCA Reminds Us That Canadian Trademark Law Is Bilingual Read More »
On April 14, 2026, the Federal Court (per Manson J) issued a detailed and instructive reminder that trademark rights in Canada can arise through use alone without registration. The Court reaffirmed that where goodwill and confusion are established, the courts will not hesitate to protect those rights. This decision is particularly significant when brands are
Cooking Up Goodwill: How First Use Secured Trademark Rights in ASIALICIOUS Read More »
On March 20, 2026, the Federal Court of Appeal (per Locke J.A., Roussel J.A., and Heckman J.A.) (“FCA”) released an important decision in the patent dispute between ProSlide and WhiteWater, two competitors in the water slide industry. The ruling restores the validity of three of ProSlide’s patents relating to water slides but confirms that WhiteWater
On February 25, 2026, the Federal Court of Appeal (per De Montigny C.J., Webb J.A. and Pamel J.A.) (“FCA”) upheld a Federal Court decision (discussed in our previous blog post) that Promotion in Motion Inc. (“PIM”)’s trademarks SWISSKISS and SWISSKISS & Design (in association with Swiss chocolate) were not registrable in light of Hershey Chocolate
Federal Court of Appeal: Don’t Kiss Online Trademark Confusion Surveys Goodbye Read More »
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
Ambiguity Strikes Again: The Court of Appeal Finds the Claims Ambiguous Read More »
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,
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
Co-authored with Emily Johnston On November 28, 2025, the Federal Court of Appeal (Per Woods JA and Laskin JA) (“FCA”) held that the Federal Court (per Pallotta J) (“FC”) did not err in (1) enjoining Samsung Bioepis (“Samsung”) and Biogen, et al (collectively “Biogen”), as well as their licensees, from using the trademark BYOOVIZ in
Patients Are A Relevant Consumer in the Trademark Confusion Analysis For Biosimilars Read More »
On December 1, 2025, Health Canada announced the creation of a joint program with the U.S. Food and Drug Administration (FDA) to support the establishment of a Request for Information Sharing (RIS) program for generic drugs. Specific commitments and timelines under this program have not yet been released. The RIS program is intended to facilitate
