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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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The new year is about to ring in, and with it, new fees are
expected at the Canadian and U.S. Trademarks Office.
Starting January 1, 2021, the Canadian Intellectual Property
Office (CIPO) will be raising fees by 2% annually for certain
services. These fee increases are associated with filing
new trademark applications and applications to extend the statement
of goods/services of registered trademarks, issuing
new registrations (applies only to applications filed before
June 17, 2019) and renewals, requesting issuance of summary non-use section 45 cancellation notices and filing a statement of
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