Foodie trademark law is a brutal world, in which even the most basic culinary gimmick has probably already been claimed and protected by unforgiving law, from the “Ham N’ Egger” to “Eggs Benny.”

News that a large restaurant franchise conglomerate has threatened a small Tex-Mex cantina in Calgary with a lawsuit for illegally using the trademark “Taco Tuesday” has shone a rare light into the murky world of intellectual property law for foodies.

Before a franchisor signs up a new franchisee, it must disclose information about the franchise system and business in a disclosure document. Franchise law in Ontario places strict requirements on the contents, form and timing of disclosure. Failure to provide a disclosure document as required by the Arthur Wishart Act (Franchise Disclosure) (the “Act”) can lead to devastating consequences for a franchisor – including the exercise of the franchisee’s right of rescission.

Your brand is booming and your business is a huge success. You need a business expansion plan, or to sell to someone who can execute one. You don’t want to sell. You are not ready to franchise. What options do you have?

Many brand owners decide to license their trademarks to third parties as a means to grow.

The first legislation in Canada pertaining to trademark protection was the Trade Mark and Design Act, enacted in 1868. Since then, there have been a number of developments in Canadian trademark law, including the passing of the Trade-marks Act which currently governs trademark law in Canada, and the integration of the Newfoundland Trademark Register in 1949 when the province became part of Canada.

As everyone finishes trimming their trees and making holiday plans, here is our own top-10 list of Santa related trademarks we found to be registered in Canada. Those of us who still “believe” would be sad to know that Santa does not own any of them!

We are pleased to announce that Robert J. Wise Robert has been appointed to serve on the Trademark Practice Committee of the Intellectual Property Institute of Canada. The committee identifies problems of policy or practice which relate to practice before the Trademarks Office, alerts the Trademarks Office, and seeks improvements via discussion of the issues in writing or by meeting with representatives of the Office.

Before venturing into a restaurant or food-related business, it would be wise to become familiar with the new Healthy Menu Choices Act (the “Act”).

The Act originates from the Ontario Legislature’s Making Healthier Choices Act 2015 which enacts a number of other acts and amendments which form part of the provincial government’s overall plan to enhance public health.