Allan Oziel

Government of Canada Publishes New Trademark Regulations

by Allan Oziel on November 26, 2018 No comments

On November 14, 2018, the Government of Canada published the new Trademarks Regulations (Regulations) that will enable Canada’s accession to three international trademark treaties administered by the World Intellectual Property Office (WIPO): the Singapore Treaty, the Madrid Protocol, and the Nice Agreement. The new Regulations will support the amendments that were made to the Trade-marks Act (Act) in 2014.

In addition to harmonizing Canada’s trademark regime with international norms, the new Regulations, which will come into force on June 17, 2019, are also expected to simplify the regulatory framework and reduce the administrative burden on applicants.

Notable changes in Canadian trademark practice include the following:

  • Implementation of Madrid Protocol: Applicants will be able to apply for trademark protection in multiple countries through a single application.
  • Removal of use as a requirement for registration: Under the current Act, applications must be based on a) use or proposed use of the trademark in Canada, b) the trademark having been used abroad and made known in Canada, or c) use and application/registration of the trademark abroad. In any case, no registration can be issued until the applicant declares the use of the trademark in Canada. With the amendments to the Act, the “use” requirement will be removed. Applications will no longer need to specify a date of first use, and the filing of a declaration of use will not be required to proceed to registration.
  • Harmonized goods and services classification system: Goods and/or services will have to be appropriately grouped according to the classes of the Nice Classification, which provides a consistent system across all member countries.
  • New Application Fee Structure: The application fee will only include the first class of goods or services. Applicants will have to pay additional fees for each added class of goods or services.
  • Reduction of the Term of Registration: Under the current Act, registered trademarks are subject to renewal every 15 years. Under the new Regulations, trademark registrations issued after June 2019 will be granted a term of 10 years.
  • More Flexibility to Amend Applications: The new Regulations offer greater flexibility in correcting errors prior to the registration of the trademark.

The new Regulations also provide a number of transitional provisions for applications submitted and trademarks registered before June 17, 2019. If you have any concerns or questions, please contact our team here.

Written by Allan Oziel and Thassiane Gossler

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Allan OzielGovernment of Canada Publishes New Trademark Regulations

Oziel Law is Proud to Welcome Debora Pinkus

by Allan Oziel on November 1, 2018 No comments

Oziel Law is proud to welcome its newest associate, Debora Pinkus. Debora’s practice will focus on advising startups and emerging businesses on business law matters, technology contracting and commercial transactions.

To learn more about Debora or to contact her, please click here.

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Allan OzielOziel Law is Proud to Welcome Debora Pinkus

A-Labs Capital I Corp Completes Initial Public Offering

by Allan Oziel on November 1, 2018 No comments

 

We are proud to announce the completion of the initial public offering filed by our client A-Labs Capital I Corp.

A-Labs Capital I Corp. is a capital pool company (CPC). The funds raised during the IPO will be used to pursue a qualifying transaction.

To read the official press release, click here.

 

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Allan OzielA-Labs Capital I Corp Completes Initial Public Offering

Drafting and Negotiating eSports Player Contracts

by Allan Oziel on September 19, 2017 No comments

It may come as a surprise to some, but eSports is big business. eSportEarnings.com has recorded over USD$360 million in earnings over about 23,000 tournaments. The biggest stars in League of Legends have earnings over $800,000. However, eSports is not reserved for Multi-player Online Battle Arena games anymore. In 2018, the NBA will be releasing the NBA 2K eLeague. Existing basketball franchises have already committed to purchase and run eSports teams.

Much like traditional sports, eSports teams need to scout, recruit and retain the most talented players or athletes. As well, like traditional sports, teams, and players (or their agents) must negotiate well-drafted player contracts.

The following is a non-exhaustive list of provisions that should be negotiated in a player contract:

Player Responsibilities

The contract should set out that the player must attend and participate in all scheduled practices, meetings, games, tournaments, team promotional and commercial activities.

Compensation

How will the player be compensated? Is there a salary plus performance bonuses for placing in tournaments or the success of the team in the eSports league?

Will the team cover all travel and tournament-related expenses?

Player Conduct and Responsibilities

The contract should clearly state minimum conduct rules, which may reference (a) a player’s behavior, (b) what a player can wear during promotional events, tournaments, live streams, etc., (c) what gaming gear the player can use, (d) whether the player is required to participate in media appearances, social media, endorsements, etc., (e) how the player must conduct himself/herself at all times while employed by the team.

Player Assignment

Like professional sports, eSports teams should have the right to assign the player contract (trade the player) to other teams within the same eSports league.

Contract Guarantees

Will the team provide the player with a guaranteed contract? If so, then a clear term must be set out and a description of the payout on early termination should be described.

League Rules

It is important to note that some eSports leagues have their own set of rules that each team (and their players) must abide by. These rules should be taken into consideration when drafting/negotiating player contracts.

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Allan OzielDrafting and Negotiating eSports Player Contracts

Anonymous Defamation on WeChat (Full English Article)

by Allan Oziel on February 23, 2016 No comments

 

Earlier in December, I posted a link to an article I wrote for Chinese News Group which was translated into Chinese. The following is the full article in English.

….

According to Tencent, China’s biggest social network and online entertainment company, its flagship live chat, calling and social media application is used by over a billion people worldwide. In Canada, the app is particularly popular within Asian communities.

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Allan OzielAnonymous Defamation on WeChat (Full English Article)