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5 11, 2013

Purchasing a Resale House: General Overview

Your lawyer at the initial meeting will review with you, from the legal perspective, the numerous terms set out in the Agreement of Purchase and Sale (Agreement), including the significance of any conditions, and if available, will review the survey for the existence of any encumbrances including easements, encroachments or right-of-way. At that point, your lawyer will explain to you the process involved in purchasing your new home and will answer any questions that you may have, including the anticipated legal costs.
Thereafter, it is the task of your lawyer to conduct several searches by searching the title to the property to ensure that there are no encumbrances against the property such as mortgages, liens, rights-of-way or encroachments. Your lawyer will then submit his requisition letter (title search letter) on your behalf to the vendor’s lawyer whereby he outlines any issue(s) regarding the title (or otherwise) as reflected from his searches. In addition, your lawyer will prepare the purchase documentation for signing by the purchaser and the vendor, conduct execution search against the vendor, complete the mortgage documentation after receiving the “mortgage instructions” from the lender, review the home insurance policy to be obtained by the purchaser, order title insurance, report to the purchaser with respect to any outstanding matter(s), meet with you to sign all closing documentation, arrange to close the transaction, register your title to your […]

24 07, 2013

Will: What is “Probate”

By |July 24th, 2013|Wills|0 Comments

Probate is the official proving of the Will. More specifically, probate is the process by which the Ontario Court certifies that a Will was properly proved and registered in the Court and that the administration of the property of the testator was duly committed to the estate trustees.

The Court’s granting of probate offers real protection to both estate trustees who administer an estate and third parties dealing with the estate trustees.

Ex. If it turns out at a later time that a probated Wills is not, in fact, the last valid Will of the deceased, all acts completed under the authority of the probate, nevertheless, will be treated as valid.

Testator- the person who has written and executed a last will and testament that is in effect at the time of his/her death.

24 07, 2013

Will: Why have one?

By |July 24th, 2013|Wills|0 Comments

Here are several excellent reasons as to why you need a valid Will:

A Will determines who controls your estate after your death (the executor/trustee);
A Will identifies the person(s) that will receive your estate (the beneficiaries);
You can make specific bequests legally-binding by including them in your Will;

Example: Your father’s watch.
A Will ensures that your favourite people, organizations and causes are beneficiaries of your estate if you wish.
Having a Will minimizes estate expenses that result when a person dies without a Will;
If you die without a Will (intestate), legislation and Courts will determine who is entitled to your estate and the amount of your estate that they will receive. If you die without a Will and without intestate successors, your estate vests in the Government.
If you have infant children and you die without a Will and your spouse is also deceased or unfit to act as the parent of your children, the Court will appoint someone to care for your children. This may not be the person who you would have chosen as the Guardian for your children. Contested Guardianship proceedings will result in your Estate incurring needless expense. The Guardian would be responsible for your children’s physical care, health care, education and general well-being until they reach 18 years of age (19 in some provinces).

NOTE: While the courts will fulfil your guardianship request in most cases, they do reserve the power to overrule your request if they feel that appointing a different guardian would be in the best interest of your children.
Not preparing a Will can result in costly litigation and additional emotional pain for loved ones which is unfortunate considering that preparing a Will can be simple and relatively inexpensive.

24 07, 2013

Trade-marks- Registration & Benefits

By |July 24th, 2013|Trade Mark|0 Comments

A trade-mark is a word, symbol, a design, or a combination of these, used to distinguish the wares and services of one person or organization from those of others in the marketplace.

Trade-marks can consist of words and/or designs. Most trade-marks are typically:

words such as Coke or Kodak
design mark such as Nike’s swoosh
or a combination, such as stylized script of Coca Cola

But what is the advantage of registering your trademark?

The Common Law states that as soon as you begin to properly “use” a valid trade-mark, you have already established it as a ‘Common Law’ trade-mark. However, it is important to realize that these ‘Common Law’ rights are weak, and you may have to spend considerable amount of time and money trying to enforce your ‘Common Law’ trade-mark rights. Thus, registration of your trade-mark provides a much stronger protection of your trade-mark as it provides a prima facie evidence of your ownership meaning that in a dispute, the registered owner does not have to prove ownership, as the onus will be on the challenger.

Another benefit of registering ones trade-mark is that your trade-mark is protected across Canada. If your trade-mark is not registered, your trade-mark rights will be limited to the geographic area where the trade-mark has been used, and you will have to prove ownership of your trade-mark to the court.

Other Benefits:

A registered trade-mark is a valuable asset for business expansion through licensing franchises.
Canadian trade-mark registration can be used to claim priority in registering trade-mark in foreign countries.
Registeration of your trade-mark grants you the exclusive right to use the mark across Canada for 15 years, renewable every 15 years thereafter.

It is advised that you monitor the market and the trade-mark registry to prevent others from infringing on your trade-mark.

24 07, 2013

Trade-marks- Foreign Registration

By |July 24th, 2013|Trade Mark|0 Comments

Registering your trade-mark with the Canadian Trade-marks Office protects your rights in Canada only. If you are selling wares or services in other countries, you should consider registering your trade-mark in each of those countries. You may contact a trade-mark agent OR the embassy of the country in question for information on foreign registration.

NOTE: Our office can assist you with the registration of Canadian and United States trade-mark registration(s). We can also assist you with the process of obtaining a trade-mark agent(s) for the purpose of registering your trade-mark in any country other than Canada and the United States.

24 07, 2013

Trade-marks- How long does my registration last?

By |July 24th, 2013|Trade Mark|0 Comments

Your trade-mark registration is valid for a period of 15 years and you can renew the registration every 15 years thereafter upon payment of the renewal fee. At the present time, the renewal fee is $300.00.

24 07, 2013

What are trade-marks?

By |July 24th, 2013|Trade Mark|0 Comments

Trade-marks are any name, word, slogan, design, shape, combination of colours, series of musical sounds, logo, or any combination of these used to distinguish your products and services from your competitors.

Most Trade-marks are typically:

Word Marks:

Such as the word mark “Coke”or “Kodak”.

Design Marks:

Such as Nike’s swoosh.

Logos- Graphically oriented trade-marks, called Logos, are properly referred to as Design Marks.

Or a Combination of Word and Design Marks:

Such as the stylized script of Coca Cola.

24 07, 2013

Why are trade-marks important?

By |July 24th, 2013|Trade Mark|0 Comments

Your trade-mark represents you and your reputation. As you build your business, your investment builds a good reputation. Your trade-mark is a symbol representing your reputation and all the investment and hard work you have put into building that reputation. After a while, people will purchase your product(s) or use your service(s) because they recognize your trade-mark.

In order to protect your investment, you should consider protecting your trade-marks. If you have strong trade-mark protection, you can defend your well earned reputation from competitors.

24 07, 2013

Types of trade-marks- Registered vs. Common Law

By |July 24th, 2013|Trade Mark|0 Comments

There are two general types of trade-marks:

REGISTERED TRADE-MARKS:

Registered trade-marks are trade-marks that have been registered with the government’s trade-mark office. The Canadian trade-mark office is called CIPO (Canadian Intellectual Property Office) and the United States Trade-marks Office is called the USPTO (United States Patent and Trade-mark Office).
Essentially, a registered trade-mark is a government granted monopoly to use that mark with your products or services. The trade-mark does not have to be famous; it only has to pass a few simple tests. First of all, the trade-mark cannot be confusing with another trade-mark. Also, the trade-mark cannot be a surname (for example Smith, Johnson, etc…). There are other restrictions that will be discussed as part of a separate blog.

As soon as your trade-mark is registered, you have exclusive use to that trade-mark. If you have to sue others to stop them from using your trade-mark, you do not have to prove that the mark is famous.
Unlike common law trade-marks, registered trade-marks are enforceable in the entire country. You can also apply for and be granted registered trade-marks in several different countries.

COMMON LAW TRADE-MARKS:

A common law trade-mark is an unregistered trade-mark that has been used so extensively and for so long that it has become famous.

EXAMPLE:

If a company uses its trade-mark for years, invests in advertising and promoting the trade-mark, then the trade-mark may be entitled to common law protection. The company can bring a lawsuit against a competitor claiming that the competitor is “passing off”the competitor’s products as that of the company. The burden of proof is on the company to prove that their trade-mark has become famous. Simply using the trade-mark for a few years may not be enough to convince the court that the trade-mark has become […]

24 07, 2013

What is the difference between a trade-mark and a trade-name?

By |July 24th, 2013|Trade Mark|0 Comments

A trade-name is the name under which you conduct your business, whether it is your own name, or the name of a corporation or a partnership. The trade-name can be registered under the Trade-marks Act only if it is used as a trade-mark, that is, used to identify wares or services. In certain circumstances, a trade-mark registration may be declared invalid because of the prior use in Canada of a trade-name which is similar to the registered mark. Ideally, one should conduct a search of existing trade-names before filing a trade-marks application.

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