Author Archive
An Interplay of Canadian Official Marks and Canadian Trademarks
A February 2010 blog, “Professional Designations and Abbreviations, Acronyms and Initials” discussed the summary judgment and permanent injunction obtained by the College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia (“the College”) against the Council of Natural Medicine College of Canada (“the Council”) pursuant to which certain trademarks which the Council had registered, such D.C.T.M [...]
Both Here and There: Trademark Use on Websites Available in Canada
According to a December, 2012 decision of the Federal Court, HomeAway.com, Inc v. Hrdlicka, “a trade-mark which appears on a computer screen website in Canada, regardless where the information may have originated from or be stored, constitutes for Trade-marks Act purposes, use and advertising in Canada.” This broad statement suggests that the appearance of a [...]
Invoices Evidencing Use and Abandoning Use of Trademarks
A decision from the Federal Court of Appeal, Iwasaki Electric Co. Ltd. v. Hortilux Schreder B.V, provides some useful commentary regarding invoices as evidence of trademark use and regarding the issue of abandonment. Hortilux opposed Iwasaki’s application to register HORTILUX in association with electric lamps. The Opposition Board accepted October 1997 as Iwasaki’s date of [...]
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