The Commissioner of Patents has finally but combatively reacted to the Federal Court of Appeal decision in Canada (Attorney General) v Amazon.com Inc., 2011 FCA 328 by issuing a practice notice. Apparently the battle continues.
Patent trolls have evolved from what seemed at one time almost folklore to now being the subject of statistical and scholarly analysis [fn1] [fn2].
Trademarks often include both textual elements (i.e. words) and design elements (e.g. shapes, graphic elements, etc.). Canadian courts and the Canadian Intellectual Property Office have found that such trademarks are clearly descriptive (and unregistrable under the Trade-marks Act) if they contain a dominant textual element that is clearly descriptive when sounded.