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About PM's Intellectual Property Group

Intellectual property can be a client’s most valuable asset and protecting it is vital. learn more »

Archives for May 2015

How Canada's Anti-Spam Legislation Will Affect Your Business

On July 1, 2014, most sections of Canada’s new anti-spam legislation (“CASL”) came into effect.  Among other things, CASL sets out new requirements for continuing to use e-mail and other electronic messages for “commercial” purposes.  Some examples of what would meet the definition of “commercial” purposes include messages that:

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    ® MARKS THE SPOT – OR IS IT ™?

    Many business owners wonder “Should I be using the ™ symbol or the ® symbol beside my trademark?” Surprisingly, unlike in the United States, there are no “marking” requirements for trademarks under the Canadian Trademarks Act. However, proper marking is an extremely important method of notifying consumers that you are… more »

    You Oughta Be in Pictures – But First Sign This Consent

    Businesses will often create marketing material for their products/services, either in print or short video segments. A very common question I get from clients is “Can I use another person’s image in my video/marketing material without their consent?” In sum, the answer is no, it is not recommended that you… more »

    Your Trademark is the Key to Standing Out From the Crowd

    OLD NAVY, VIAGRA, MENCHIE’S - when you see these trademarks you know instantly what type of products or services each business will be providing. Trademarks perform a key function in the marketplace and are of enormous value to businesses as they guide consumers to where they want to go. So… more »

    Do I Have a Trademark or a Trade Name? – What’s The Difference?

    Many people confuse trade names and trademarks and think they acquire trademark rights by virtue of having a trade name. It should be noted that the only way to acquire exclusive rights to your trademark is through registering it with the Canadian Intellectual Property Office. A trade name is basically… more »

    Intellectual Property For Dummies

    Established and start-up businesses are repeatedly told of the importance of protecting their intellectual property, or “IP” as it is frequently called.  Before this can be done however, it is necessary to understand what IP is and how to identify when valuable IP may exist and therefore need protecting. Intellectual… more »