Archive for 2011
Trademark Summary Expungement Proceedings: Evidentiary Issues
In 1459243 Ontario Ltd. v. Eva Gabor International, Ltd., the Federal Court set aside the Registrar’s decision expunging a trademark under section 45 of the Trade-marks Act. The parties agreed that the standard of review was one of correctness, unless new evidence would have materially affected the decision of the Registrar. At issue was whether [...]
Off-colour Trademark Decision Leaves Glaxo Purple With Frustration
In reasons issued late last year, the Federal Court of Appeal has upheld a decision to expunge a trademark registration obtained by Glaxo Group Limited (“Glaxo”) for two-tones of the colour purple as applied to the visible surface of an asthma inhaler. The decision raises interesting questions both about primary and secondary marks, and about [...]
Ontario Teachers Get A Lesson In Trademarks
The Federal Court of Canada has upheld a decision of the Registrar of Trademarks to refuse registration of the mark TEACHERS’ in association with services described as “administration of a pension plan, management and investment of a pension for teachers in Ontario”. The application to register this mark was filed by the Ontario Teachers’ Pension [...]
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