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No Trademark Expungement Although Language Describing Wares Outdated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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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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Court Considers Colour Marks

Posted by Larry Munn on December 21st, 2009

Peak Innovations Inc. (the “Applicant”) filed 31 applications to register trademarks for various of its products, namely wood to wood and concrete and masonry connectors, most of which are used in deck building. A competitor, Simpson Strong-Tie Company Inc. (the “Opponent”) filed statements of opposition in respect of all 31 applications. On appeal, the Federal [...]

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