Thursday, 14 July 2016 22:32

New Canadian Trademark Law Creates Urgency to File Canadian Trademark Applications

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If you have not registered your trademark in Canada, now is the time. Our northern neighbor will soon implement a massive overhaul to its Trade-marks Act, pursuant to 2014 legislation that has been on hold pending the adoption of corresponding regulations. Among other things, use of a trademark in Canada (or anywhere in the world, for that matter) will no longer be a prerequisite to ownership and enforcement of a Canadian trademark registration. The race to the Canadian Intellectual Property Office (CIPO) will be open to competitors, squatters, and trolls whose intent may be to re-sell trademark rights at a profit, interfere with a legitimate trademark owner’s ability to use a trademark in Canada, and possibly even demand a ransom at the border for importation of genuine goods. Filing a Canadian trademark application now, even if only defensively for future market expansion, should be given serious and immediate consideration.

 

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John Malloy, III

As the Partner overseeing the Firm’s Intellectual Property Litigation and International Tradmark Portfolio groups, Mr. Malloy is Board Certified as an Expert in Intellectual Property Law and concentrates his practice on Trial and Appellate Litigation. He also focuses on International Portfolio Management, filing trademark applications and directing enforcement proceedings around the globe. Mr. Malloy taught for nearly a decade as an Adjunct Professor of Intellectual Property Law at St. Thomas University Law School. He earned his bachelor’s degree from Vanderbilt University and his law degree from the University of Miami. During his tenure as the Chair of the International Trademark Association’s Model State Trademark Bill from 2003 to 2007, Mr. Malloy oversaw the passage of trademark legislation in a half dozen states and personally spear-headed the enactment of Florida’s present trademark statute, which became effective in 2007. In 2009 Mr. Malloy was named the Chairman of the DCBA Intellectual Property Committee.