Author Archive

Judging A Wine By Its Label: A Trademark Issue

Posted by Larry Munn on January 4th, 2008

In Sociedad Agricola Santa Teresa Ltda. et al. v. Vina Leyda Limitada, the Federal Court considered what constitutes a place of origin for wine such that the place name cannot be registered as a trademark. At issue was section 12(1)(b) of the Canadian Trade-marks Act which states that a trademark is not registrable if it [...]

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More On Section 45

Posted by Larry Munn on December 12th, 2007

Last week we reported on a decision of the Federal Court, Trial Division. The Federal Court of Appeal has also handed down a recent section 45 decision referring to the section as the “‘use it or lose it’ provision for removing ‘deadwood’ from the Register”. In Bereskin & Parr v. Fairweather Ltd. the Court refused [...]

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Clear Evidence of Use Required: Section 45 Appeal Allowed

Posted by Larry Munn on December 4th, 2007

Section 45 of the Trade-marks Act allows the Registrar, at the written request of any person, to give notice to the registered owner of a trademark requiring the registered owner to furnish, within three months, an Affidavit or Statutory Declaration showing that the trademark has been used in association with each of the wares and [...]

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