Archive for the "Case Law" Category

In no mood for charity: Federal Court confirms that charities are not necessarily public authorities

Posted by Kwan Loh and Laura Cojocaru on August 18th, 2016

The Federal Court of Canada recently confirmed in Starbucks (HK) Limited v. Trinity Television Inc., 2016 FC 790 (the “Decision”) that status as a charity is, in and of itself, insufficient to constitute an entity as a public authority for the purpose of obtaining an official mark. (For a discussion about official marks and their [...]

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Canada’s Federal Court of Appeal Provides Welcome Guidance on Geographically Descriptive Trademarks

Posted by Laura Cojocaru on April 1st, 2016

Canada’s Federal Court of Appeal (the “Court of Appeal”) has recently had the opportunity to clarify the test for  registrability of geographically descriptive trademarks in two separate decisions. The most recent of these is the decision in MC Imports Inc. v. AFOD Ltd., 2016 FCA 60.  In the proceedings underlying the appeal, MC Imports Inc. [...]

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Save the Date: the Importance of the Date of First Use in Canadian Trade-mark Applications (for now)

Posted by Kwan Loh on February 16th, 2016

A recent decision of the Canadian Trade-marks Opposition Board, Constellation Brands Québec Inc. c Sociedad Vinícola Miguel Torres, S.A., 2016 TMOB 4 (“Miguel Torres”), serves as a reminder of the importance of stating an accurate and supportable date of first use, when claiming use as a basis for registration in Canada. In Miguel Torres, the Applicant [...]

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