In the present article the author reviews the contents of sources of the trademark law in Canada, which include not only statutes and regulations, but also case law and doctrine. The author touches upon such core issues in legal regulation, as the notion of trademark and its types (certification mark and distinguishing guise), peculiarities of their legal protection, legal implications of trademark registration or absence thereof, as well as of actual use or non-use of the mark. The author analyses legal standpoints elaborated in practice, such as the doctrine of functionality and quality control during trademark licensing. The author also reviews correlation of rights to the trademark itself and to the goodwill attached thereto.
Civil law, intellectual property, comparative law, Canada, trademark, certification mark, distinguishing guise, remedies, goodwill, license, quality control.
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