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Industry committee Yes, that certainly is a real risk.
May 12th, 2014Committee meeting
Janet Fuhrer
Industry committee I have some understanding of why the government is doing what it's doing. I've practised long enough, been involved with liaison committees with the Canadian Intellectual Property Office, etc., attended meetings where representatives of government have been present at the World I
May 12th, 2014Committee meeting
Janet Fuhrer
Industry committee No, and I say no because, for most of our clients—and I am in private practice—where they look to next after Canada to protect their marks is the United States.
May 12th, 2014Committee meeting
Janet Fuhrer
Industry committee Yes. If I may, first, it's the database. It's okay for finding the exact market interest. It will not necessarily locate phonetic similarities, marks that have a similar idea or connotation, all of which can prevent the registration of a trademark. So that's a difficulty with the
May 12th, 2014Committee meeting
Janet Fuhrer
Industry committee There is a Trade-marks Journal that's electronic now. It's a weekly electronic publication where any approved application is advertised. So that happens once a week and there are updates. So the commercial searchers all get these updates from the Intellectual Property Office so t
May 12th, 2014Committee meeting
Janet Fuhrer
Industry committee The other complication, too, is that there's something called the Paris convention, which Canada already belongs to, as does most of the world. So an application could be filed in a foreign country like the U.S., and that applicant has six months to file in Canada and have the Ca
May 12th, 2014Committee meeting
Janet Fuhrer
Industry committee If I may add to that, though, again, at the moment, if a trademark has been used already—and a good number of them are before someone files an application—there is a requirement to state that in the application itself. It also technically is a declaration, but it can be stated in
May 12th, 2014Committee meeting
Janet Fuhrer