When Prior Use is not Prior Use
In an update to an earlier post, the Supreme Court of Canada has recently granted leave to appeal in the case of Masterpiece Inc. v. Alavida ... Continued
Stripes Applied to Toothpaste: A Registrable Trademark
In Procter & Gamble Inc. v. Colgate-Palmolive Canada Inc. the Federal Court agreed with the Opposition Board that none of the six grounds advanced by ... Continued
No Summary Expungement of Trademark if Sublicensing Properly Documented
In Tucumcari Aero, Inc. v. Cassels, Brock & Blackwell LLP, a section 45 summary expungement action, the Registrar was satisfied that Tucumcari Aero, Inc., the ... Continued
Special Circumstances Excuse Non-Use of Trademark
Cobalt Brands, LLC v. Gowling Lafleur Henderson LLP concerned the registration of the mark USQUAEBACH & Design for use in association with blended Scotch Whiskey. ... Continued
A Confusing Trademark VIBE
Federal Court set aside decision of TMOB and allowed opposition to appliation to register VIBETRAIN mark
Trademark Issues at Richmond Night Market
Target Event Production Ltd. v. Paul Cheung and Lions Communication Inc. concerns a trademark and copyright claim that arose when the Defendants took advantage of ... Continued
Malcolm Parry’s VANCOUVER LIFE Fails to Impress Federal Court
The Federal Court recently issued its decision in Sim & McBurney v. Malcolm Parry. This case was an appeal by Sim & McBurney from a ... Continued
Evidentiary Omissions Lead to Trademark Appeal
Federal Court demonstrated difference that well-prepared evidence can make
Proposed Practice Notices: Professional Designations and Abbreviations, Acronyms and Initials
The Canadian Intellectual Property Office has initiated two short consultations (January 29 to February 28, 2010) for proposed Practice Notices regarding section 12(1)(b) of the ... Continued
Books Titles Unregistrable as Trademarks in Canada
Federal Court decision suggeste that book titles are prima facie not properly registrable trade-marks in Canada
GLAMOUR’s Appeal Denied
Federal Court of Appeal dismissed an appeal over GLAMOUR trade-mark dispute
No Trademark Expungement Although Language Describing Wares Outdated
Loro Piana S.P.A. v. Canadian Council of Professional Engineers is a further example of the importance of providing proper evidence in response to a Registrar’s ... Continued