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Since our last publication, order-in-council no. 2-2021
made on January 8, 2021, (Order in Council 2-2021) has been published by
the Quebec government. This order-in-council, which came into force
on January 9, 2021, at 5 a.m., provides a framework for the latest
government measures that were announced on January 6 to contain the
spread of COVID 19. Here is an update on the measures that
apply.
Curfew between 8 p.m. and 5 a.m. starting January 9, 2021
Since January 9, and pursuant to Order in Council 2-2021, no one
is allowed to leave his or her residence or its equivalent between
32 (1)
An applicant
shall furnish the Registrar with any evidence that the Registrar
may require establishing that the trademark is distinctive at the
filing date of the application for its registration, determined
without taking into account subsection 34(1), if any of the
following apply:
[.]
Section 2 of the Act defines distinctive as
follows:
distinctive, in relation to a
trademark, describes a trademark that actually distinguishes the
goods or services in association with which it is used by its owner
from the goods or services of others or that is adapted so to
distinguish them;
Distinctiveness of a Trademark
According to the Trademark Examination Manual (the
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The epidemiological situation having recently worsened in Quebec
at the beginning of 2021, the province s premier announced
additional measures yesterday to “break the second
wave” of the pandemic. These measures will come into
force this Saturday, January 9, and remain in place until February
8, 2021, inclusively.
Of these new measures, the curfew will be of particular interest
to employers. The Quebec government is also extending, albeit with
certain changes, the measures that were announced last December 15
for the “holiday break” that we covered in our last
update, namely mandatory teleworking and the closure of
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The COVID-19 pandemic coupled with the fight against anti-Black
systemic racism has had a significant and potentially long-lasting
impact on corporate governance.
In its
report entitled The New Abnormal: How 2020 Has Changed
the Future of Corporate Governance (the
Report), Kingsdale Advisors
(
Kingsdale) notes that directors have faced a
string of challenges in 2020 that have required innovative and
agile leadership. The Report analyzes some key corporate governance
trends, including the following:
Investors have higher
expectations regarding Environmental, Social &
Governance (
ESG) disclosure.
Institutional investors in particular are pushing for enhanced
For the first time ever, Canada s Trademark Opposition Board
(
TMOB) has held that a depreciation of
goodwill claim can serve as a valid ground of opposition in
trademark opposition proceedings. In doing so, the TMOB has
arguably continued the recent trend in Canadian trademark
jurisprudence of expanding the application of the depreciation of
goodwill remedy (which is discussed in more detail in this Legal Update).
The depreciation remedy is codified in Section 22 of the
Canada s
Trademarks Act (the
Act),
which prohibits use of a trademark registered by another
person in a manner that is likely to have the effect of