Archive for 2009

No Trademark Expungement Although Language Describing Wares Outdated

Posted by Larry Munn on December 29th, 2009

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 notice requiring evidence of use within the previous three years pursuant to the summary expungement provisions in section 45 of the Trade-marks Act. The Applicant had, in 1989, registered the [...]

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Olympic and Paralympic Marks Act amended

Posted by Karen Monteith on December 29th, 2009

An Order in Council has amended Schedule 2 of the Olympic and Paralympic Marks Act to add 38 new marks to the prohibited marks list. As noted in an earlier post, section 3 of the Act prohibits any person from adopting or using in connection with a business, as a trademark or otherwise, any mark [...]

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Non-Use of a Trademark – Evidence of Special Circumstances Required

Posted by Larry Munn on December 24th, 2009

Jose Cuervo S.A. de C.V. v. Bacardi & Company Ltd. and the Registrar of Trade-marks was the second time that Bacardi had sought summary expungement, pursuant to section 45 of the Trade-marks Act, of the trade-mark CASTILLO for use in association with rum. This time, the Federal Court Trial Division agreed with the Registrar and [...]

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