Archive for April, 2010

World Trademark Review publishers launch TM blog

Posted by Jeffrey Vicq on April 19th, 2010

Our friends over at the World Trademark Review have recently launched what they’re calling the first blog by specialized IP journalists.  The group – which already offers the widely respected World Trademark Review magazine, several periodic update services, and a variety of directories, special reports and the like – anticipates that the launch of the [...]

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Stripes Applied to Toothpaste: A Registrable Trademark

Posted by Larry Munn on April 16th, 2010

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 Procter & Gamble, the opponent, could succeed against Colgate-Palmolive’s application to register its Striped Toothpaste Design – Green/White/Blue Stripes (the “Design”). Three of the grounds advanced are of interest: (1) [...]

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No Summary Expungement of Trademark if Sublicensing Properly Documented

Posted by Larry Munn on April 10th, 2010

In Tucumcari Aero, Inc. v. Cassels, Brock & Blackwell LLP, a section 45 summary expungement action, the Registrar was satisfied that Tucumcari Aero, Inc., the owner of the trademark MOTO MIRROR & Design, had established use of the mark in association with truck and commercial vehicle mirrors. However, the Registrar also concluded that the evidence [...]

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