Publication Language: English
Published: November 30, 2026
Publisher: LexisNexis Canada
Bereskin on Canadian Trademark Law is a comprehensive and authoritative guide to Canadian trademark law, written by Daniel R. Bereskin, one of the country's most respected intellectual property practitioners. Enhanced by contributions from leading judges, academics, and litigators, the book examines the historical evolution, current state, and future direction of trademark law in Canada.
Covering the full spectrum of trademark issues – including registration, enforcement, passing off, unfair competition, trademark dilution, litigation, appellate advocacy, geographical indications, certification and official marks, domain name disputes, international treaties, and Quebec language requirements – this treatise blends rigorous legal analysis with practical guidance. It also addresses major recent developments, including reforms to the Trademarks Act and their impact on trademark owners and practitioners.
What distinguishes this work is its combination of scholarly depth, practical insight, historical context, and policy commentary. Rich with case analysis and strategic guidance, it serves as an indispensable resource for lawyers, judges, trademark professionals, academics, and advanced students seeking a definitive reference on Canadian trademark law.
Contributors
The Honourable Ian Binnie, C.C., K.C.
The Honourable Marshall Rothstein, C.C., K.C.
The Honourable Michael D. Manson
Dr. Bita Amani
Ronald E. Dimock
François Larose
Renata St. Clair Watkin
Foreword
Chapter 1: Introduction
Chapter 2: Historical Development of Trademark Law
Chapter 3: Unfair Trading Practices versus Freedom of Competition
Chapter 4: Trademark Registration, Appeals from Decisions of Registrar
Chapter 5: Trademark Court Disputes, Customs Issues and Criminal Offences
Chapter 6: Geographical Indications
Chapter 7: Certification Trademarks
Chapter 8: Trademark Dilution, the Charter and Free Riding
Chapter 9: Trademark Survey Evidence
Chapter 10: Winning Strategies in Trademark Litigation and at Trial
Chapter 11: Appellate Written Briefs and Court Appearances
Chapter 12: Honest Trade and Trademark User Rights: Exhaustion, Parallel Imports, and Resale
Chapter 13: Charter of Rights and Freedoms versus Trademark Rights
Chapter 14: Assignments and Licences
Chapter 15: Official Marks
Chapter 16: Trademark Treaties
Chapter 17: Personality Rights
Chapter 18: Corporate and Business Names
Chapter 19: Internet Domain Name Disputes
Chapter 20: The Charter of the French Language and Trademark in Quebec: Doctrinal and Practical Implications after Bill 96
Appendix A – Trademarks Act, R.S.C. 1985, c. T-13
Appendix B – Trademarks Regulations, SOR/2018-227
Appendix C – Trademarks Examination Manual
Appendix D – Paris Convention for the Protection of Industrial Property
Appendix E – Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
Appendix F – Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
Appendix G – Nice Classification
Appendix H – Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement)
Appendix I – Singapore Treaty on the Law of Trademarks
Appendix J – Uniform Domain Name Dispute Resolution Policy
Appendix K – Bylaws for Internet Corporation for Assigned Names and Numbers (ICANN)
Appendix L – CIRA Domain Name Dispute Resolution Policy
Appendix M – Rules for Uniform Domain Name Dispute Resolution Policy
Appendix N – Rules for Uniform Domain Name Dispute Resolution Policy Complaint Forms
Appendix O – List of Geographical Indications
Appendix P – Report of the Trade-mark Law Revision Committee
Table of Cases
Table of Statutes
Index