Understanding Canada’s New “Not Inherently Distinctive” Examination Guidelines

Recorded On: 12/02/2019

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Join us for this webcast as Robert MacDonald, of Gowling WLG, moderates a discussion with Iyana Goyette, Deputy Director, Trade-marks Branch, Canadian Intellectual Property Office, about Canada’s new “not inherently distinctive” Examination Guidelines.

The discussion will help practitioners and brand owners to understand the policy issues behind this change, the types of trademarks that will encounter the distinctiveness objection, the approach of Canadian examiners in considering this objection, and options for responding to it.

CLE credit pending. Please email cle@inta.org for more information.

Iyana Goyette

Canadian Intellectual Property Office (Canada)

Iyana Goyette is the Deputy Director of Policy and Legislation at the Trademarks and Industrial Designs Branch of the Canadian Intellectual Property Office. A lawyer and member of the Barreau du Québec since 2005, she joined the Trademarks Branch in 2006 as an examiner.

She leads a team whose focus has been to implement four international  treaties, namely the Singapore Treaty, the Madrid Protocol, the Hague Agreement and the Nice Agreement and who now work on developing new practices and policies to help improve the overall registration processes under the responsibility of the Branch. 

Robert MacDonald

GowlingWLG (Ottawa, Canada, Ontario)

Mr. MacDonald is a graduate of Carleton University (B.A., 1978) and the University of Ottawa (LL.B., 1981).  He was called to the Ontario Bar in 1983 and is a Registered Trademark Agent.  He is an advocate in the Federal Court of Canada and before the Opposition Board.

Since his call to the Bar, Mr. MacDonald has worked within the Gowling WLG IP group, with particular focus on trademark law including prosecution, licensing, oppositions and litigation in the Federal Court.  He is recognized as a leading trademark practitioner by The Best Lawyers in Canada, Managing Intellectual Property, Who's Who Legal, WTR1000 and by Chambers Global. He is also recognized in the 2019 LEXPERT/American Lawyer Guide to the Leading 500 Lawyers in Canada. He served for several years on the Law Society of Upper Canada’s Committee for the Certification of Specialists in IP and is certified as a specialist in Trademarks.

Mr. MacDonald is an active participant in IPIC, CBA, INTA and Marques and has served on various committees within those organizations. He is past Chair of the Intellectual Asset Management Team within Marques. He is the Chair of the of INTA’s Regional Indigenous Rights Analysis (Americas) Sub-Committee. Mr. MacDonald has presented talks to various organizations on issues relating to Canadian and Russian trademark laws. Mr. MacDonald was a lecturer at the Advanced Practical Trademarks Course offered by IPIC and the McGill University Centre for Continuing Education.

In addition to his practice, Mr. MacDonald is actively involved in the management of Gowling WLG and has held various positions over the years.  In particular, he was the Managing Director of the Gowling WLG Moscow office for ten years and he is currently the co-head of the IP practice group within Gowling WLG. 

Mr. MacDonald is the Chairman of the Board of the Thirteen Strings Chamber Orchestra.  

A General Certificate of Attendance is available for participants who are located outside of the United States. 

CLE pending and states will be added as they are approved. Please email cle@inta.org with any questions. 


12/02/2019 at 11:00 AM (EST)  |  Recorded On: 12/02/2019
12/02/2019 at 11:00 AM (EST)  |  Recorded On: 12/02/2019
Certificate of Attendance
Live and Archive Viewing: No credits available and certificate available
Live and Archive Viewing: No credits available and certificate available