The Canadian Regime for Protecting Against Pharmaceutical Trademark Confusion and Mistakes was written by Keltie Sim and Heather Robertson of our Toronto office and was published in the September-October issue of The Trademark Reporter (Vol. 98, No. 5).
The paper provides background on the nature of the pharmaceutical trade in Canada and discusses the concepts of confusion and mistake in the context of the distribution of pharmaceutical products. Trademark law, insofar as it relates to the assessment of the likelihood of confusion between pharmaceutical marks, is reviewed and the particular factors that the Canadian courts have reviewed in assessing confusion are canvassed, along with an analysis of the leading Canadian cases in the field. The role of Health Canada in guarding against mistakes is also discussed.
This article provides a useful resource for those seeking an understanding of the Canadian pharmaceutical trademark regime. Read the full content of the article.