Archive for 2011

Trademark Summary Expungement Proceedings: Evidentiary Issues

Posted by Larry Munn on February 10th, 2011

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 [...]

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Off-colour Trademark Decision Leaves Glaxo Purple With Frustration

Posted by Jeffrey Vicq on February 3rd, 2011

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 [...]

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Ontario Teachers Get A Lesson In Trademarks

Posted by Neil Melliship on January 28th, 2011

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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