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Jul 17, 2012
John Rogers, Davis LLP, Canada
David Spratley, Davis LLP, Canada

Essential Differences Exist Between Canada and the USA


John Rogers, Davis LLP, Canada, David Spratley, Davis LLP, CanadaBranding is a key element of any successful franchise system, and registering and enforcing trademarks is a key element of protecting an important brand. Canada and the United States have similar systems for registering and protecting trademarks, but important differences exist that might pose a trap for the unwary. Franchisors on one side of the 49th parallel who are considering expanding to the other side should be aware of these differences, both to avoid pitfalls and to be able to communicate clearly with trademark advisors.

Similarities

The underlying trademark laws are similar in Canada and the United States, as both have their origins in British trademark law. Both countries have trademark legislation (the Lanham Act in the United States, the Trade-marks Act in Canada), and both recognize  read more