Michael O'Neill
Partner
Americas
Ottawa
Michael has a broad range of expertise in all areas of trademark law and advises clients on the acquisition, protection and enforcement of trademark rights in Canada and around the world. Michael’s practice focuses on trademark clearance, trademark prosecution, trademark portfolio management, trademark opposition and expungement proceedings, trademark infringement, trademark litigation, and anti-counterfeiting matters.
Michael has appeared before the Trademarks Opposition Board, the Ontario Superior Court, the Federal Court of Canada, and the Federal Court of Appeal.
Michael was newly ranked in the 2024 World Trademark 1000 rankings as a leading trademark professional for prosecution and strategy. He is an active member of the Canadian Bar Association, the Intellectual Property Institute of Canada and the Law Society of Ontario. He is also a part-time professor at the University of Ottawa Law School where he teaches Trademark Law.
Specialist in
Qualifications
BSc, LLB
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Latest articles by Michael O'Neill
CIPO Update: Specificity Guidelines for Goods and Services
As part of its ongoing efforts to enhance the efficiency and consistency of trademark examination, the Canadian Intellectual Property Office (CIPO) has recently published a set of guidelines on how to describe a wide variety of goods and services to meet the levels of specificity deemed acceptable by CIPO. These guidelines are intended to supplement the notes found in CIPO’s Goods and Services Manual for “retired” terms that are deemed unacceptable without further specificity.
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IP Practice update: Show you use it or lose it: The importance of evidence in a non-use proceeding under section 45 of the Trademarks Act
A recent decision of the Federal Court highlights the importance of vigilance in preparing affidavit evidence for owners of a trademark subject to a non-use proceeding brought under section 45 of the Trademarks Act.
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New Federal Court of Canada Decision: MINT registration maintained in non-use challenge
Summary of FC s. 45 appeal – IBS Inc. v. Mint Green Group Inc.
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