IP Connections

When looks matter: Trade dress protection in Canada

For businesses dealing in products or packaging that have a unique visual appearance, or operating an establishment or display area with a distinctive look, careful consideration should be given to the possibility of trade dress protection, including whether protection as a distinguishing guise may be available and worth applying for under the Trademarks Act.

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Patenting the user experience in software innovations

New user interface elements, new ways of exchanging information or facilitating business activities with users, and other user-focussed improvements may present options for increasing the breadth of patent protection.

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Canadian contests — what you need to know

While contests are a useful marketing and promotional tool, contest sponsors should be mindful of the various requirements under the Competition Act and Criminal Code, as well as the need for appropriate disclaimers in the rules and compliance with privacy laws.

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Rx for your trademark — adding distinctiveness to register your brand

Faced with the competing interests of choosing a trademark that meets the marketing goals of maximizing the popularity and success of the brand and at the same time ensuring that the mark can be protected by registration in Canada can be challenging. However, there are a few things that can be done to rescue an otherwise unregistrable mark.

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Managing the minefield of pending patent applications

Knowing how to deal with competitors' pending patent applications is often difficult. This article addresses aspects of your competitors' pending patent applications that can be considered in order to help avoid potential problems if, and when, such patent applications become issued patents.

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RECENT DEVELOPMENTS IN BRIEF

LINSANITY extends to trademark arena
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Patent Office proposes new Practice Notice regarding the correction of errors
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Using a design mark in the format registered
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Amendments to the Trademarks Regulations proposed
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RANKINGS AND RECOGNITIONS

Smart & Biggar tops the rankings in Chambers Global 2012 — "A really great IP boutique"
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Smart & Biggar/ Fetherstonhaugh earns highest ranking in Managing Intellectual Property's 2012 trade mark survey
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Smart & Biggar/ Fetherstonhaugh recognized as "the biggest and deepest IP shop in Canada" by Benchmark Litigation Canada 2012
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Smart & Biggar/ Fetherstonhaugh earns highest ranking in Managing Intellectual Property's 2012 patent survey
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DISCLAIMER

The preceding is intended as a timely update on Canadian intellectual property law. To request a copy of any decision, paper or legislative document, or for more detailed information or to make suggestions, kindly contact an author of the relevant article or Keltie R. Sim. The contents of this newsletter are informational only and do not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly. To join the IP Connections mailing list, be removed from the mailing list or make changes to contact information, please send an email to ipconnections@smart-biggar.ca.

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