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Scents and Textures and Tastes, Oh My!: Non-Traditional Marks in Canada

  • 8 Feb 2024
  • 6:00 PM - 9:00 PM
  • GEORGE Restaurant, 111C Queen St E
  • 4

Registration

In-person Dinner

GEORGE Restaurant (111C Queen St. E)

Thursday, February 8, 2024 at 6:00pm

In June 2019, Canada began accepting trademark applications for several types of non-traditional marks (“NTMs”) including scents, tastes, holograms, moving images (motions), and textures (among others). The 2019 amendments to the Trademarks Act also imposed new evidentiary and filing requirements for certain NTMs. However, questions remained as to how such requirements would be interpreted and applied by the Canadian Intellectual Property Office and the courts. An increasing number of applications for NTMs are being examined and issuing to registration. In this presentation we will review select NTM cases to offer insights on trends, as well as discuss how CIPO is applying the new evidentiary and filing requirements.

Sarah O'Grady is a partner of CPST Law LLP and its related patent and trademark agency firm, CPST Intellectual Property Inc. She is a lawyer and trademark agent. Sarah has a broad-based intellectual property practice which covers IP litigation, copyright advisory work, trademark prosecution and portfolio management, and commercial IP work.

Sarah has a range of IP litigation experience, including disputes related to patents, copyright, trademarks and trade secrets, and has represented clients at both the trial and appellate levels. Sarah provides strategic advice in respect of copyright, including ownership, licensing, transfer and enforcement issues. Sarah’s practice also involves management of trademark portfolios, including opining on availability and registrability, filing and prosecuting applications, and representing clients in trademark opposition and non-use proceedings. On the commercial side, Sarah advises clients on IP issues in transactions and drafts and negotiates agreements related to the development, licensing, transfer and commercialization of intellectual property.

Sarah is an active member of the IP profession. She has been appointed to the Leadership Team of the ChIPs Toronto Chapter. She is also a member of the Copyright Committee of the Intellectual Property Owners Association and the Non-Traditional Marks Committee of the International Trademark Association. Sarah actively writes and presents on topics related to intellectual property law. Sarah has been recognized as a leading practitioner by various ranking organizations, including the World Intellectual Property Review, the World Trademark Review 1000 and Managing Intellectual Property.

Antonio (Tony) Turco is a founding partner of CPST Law LLP and its related patent and trademark agency firm, CPST Intellectual Property Inc. He is a lawyer and trademark agent.

Antonio’s practice focuses on litigation related to intellectual property rights, including disputes related to patents, copyright, trademarks, industrial designs and trade secrets. He has represented clients in domain name disputes under both the Uniform Domain Name Dispute Resolution Policy and the CIRA Domain Name Dispute Resolution Policy.

Antonio is involved in the management of intellectual property portfolios, including providing strategic advice, searching the availability of trademarks, the filing and prosecution of trademark and copyright applications in Canada, as well as trademark opposition and non-use proceedings.

On the commercial side, he also assists clients in commercial transactions involving intellectual property and technology, such as financing and licensing.

The presentation is eligible for up to one hour of substantive CPD. 

Please join us at 6PM for a cocktail reception followed by dinner and the presentation by Sarah and Tony.

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