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Nov 22, 2016
Suzanne Antal, Joli-Cœur Lacasse Avocats, Canada
Francis Arnaud Marcotte, Joli-Cœur Lacasse Avocats, Canada
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Canadian Trademark Office Releases New Notice Regarding...


Suzanne Antal, Joli-Cœur Lacasse Avocats, Canada, Francis Arnaud Marcotte, Joli-Cœur Lacasse Avocats, CanadaOn November 9, 2016, the Canadian Intellectual Property Office (CIPO) released a practice notice in order to clarify its interpretation of paragraph 12(1)(b) of the Canadian Trade-marks Act when applied for evaluating the registrability of trademarks with a geographical name. CIPO’s notice states that, in accordance with the 2016 Federal Court of Appeal’s decision in MC Imports Inc. v. AFOD Ltd., a trademark is clearly descriptive of the place of origin if the trademark, whether depicted, written or sounded, is a geographic name and the associated goods or services originate from the location of the geographic name. Therefore, such trademark could not be registered in Canada. Furthermore, a trademark will not be registrable under paragraph 12(1)(b) if it is deceptively misdescriptive. As mentions CIPO’s notice, a trademark will be deemed misdescriptive if it is a geographic name and if the associated goods or services do not originate from the location of the geographic name. Then, a further analysis from the  read more


Joli-Coeur Lacasse Avocats



Micheline Dessureault

Micheline Dessureault
1134 Grande-Allée Est, suite 600
G1S 1N5 Québec (Québec)
Canada (CA)
Tel +1 418 681 7007
Fax +1 418 681 7100
micheline.dessureault@jolicoeurlacasse.com
www.jolicoeurlacasse.com

Founded in 1983, our firm has expanded considerably since its creation, placing it amongst one of the most important law firms in the province of Quebec, Canada.

Counting almost 100 lawyers, our firm has offices in Quebec City, Trois-Rivières and Montreal and has, amongst others, departments in intellectual property, international business law, business law, taxation, real estate law and insolvency and enforcement of security.

It is known for both the quality and affordability its legal services. Our accomplishments are in large part due to the competent, creative and service-oriented professionals who lend their hand to helping their clients and strive to go above and beyond demand.

Our team of professionals in the intellectual property area is renowned for its services and publications as well as for its conferences and seminars. Its members, whether they are lawyers, trademark agents or technicians, have a strong experience in Canada as in foreign countries. Counting on a sound network of contacts throughout the world, they are fit to assist you on intellectual property matters.

Our spheres of activity in Intellectual Property:
- Protection and management of intellectual property portfolios
- Trademarks
- Copyright
- Information technologies and Internet Law
- Patents and industrial designs
- Know-how
- Artistic heritage
- Licenses/technology transfer
- Research and development

Our services in International Business Law:
- Business accompaniment
- Legal and political analysis
- Creation of a subsidiary or branch
- Mergers and acquisitions
- Strategic alliances and partnerships
- Commercial agencies/sales offices
- Distribution
- Joint venture and co-development
- Exportation and importation
- Legal domiciliation
- National and international taxation
- Real estate
- Negotiation and drafting of various other international contracts
- Transnational dispute settlement, mediation, arbitration

We invite you to visit our website for further information regarding our firm and its specialists.

Micheline Dessureault, Lawyer and Trademark Agent, Director of the Intellectual Property and International Business Law Departments

Suzanne Antal, Trademark Agent, Assistant Director - Trademarks