potential claims by exclusive distributors against importers of grey market goods.
Other major developments included:
the Trademark Office s issue of new limits on extensions of time for responding to an office action; and
the availability of expedited examination for trademark applications where the goods or services are for the prevention or treatment of COVID-19.
This article revisits these notable cases and developments and considers their implications for 2021.
Case law developments in 2020
Comparative advertising
In one of the first notable decisions of 2020, the Federal Court considered the legal limits to comparative advertising under the Competition Act and the Trademarks Act in
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There were several notable trademark cases in Canada in 2020,
including those addressing comparative advertising, depreciation of
goodwill, brand parody, trademark use in the absence of a
brick-and-mortar location, and potential claims by exclusive
distributors against importers of grey market goods. Additionally,
major developments involve the Trademark Office s issue of new limits on extensions of time for
responding to an Office Action, as well as the availability of expedited examination for trademark
applications where the goods or services are for the prevention
or treatment of COVID-19.
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While 2019 was historic in terms of the changes it brought to
Canadian trademark law, 2020 was unprecedented, bringing the world
together in a common quest to combat the COVID-19 pandemic. Yet,
despite considerable turmoil and disruption, Canadian trademark
practitioners remained resilient and active. Many of the amendments
to the Canadian
Trademarks Act, implemented in 2019,
received considerable attention and review by the Examination
Section of the Trademarks Office as well as the Opposition Board.
In addition, the Federal Court and Federal Court of Appeal provided
valuable guidance in several noteworthy decisions. The following