Archive for the "Case Law" Category

I Hear You Calling – Sound Mark Applications Now Being Accepted

Posted by Neil Melliship on March 28th, 2012

In a reversal of it’s long held position, the Canadian Intellectual Property Office (CIPO) has today announced that it is now accepting applications to register sound marks.  This announcement apparently comes as a result of ongoing Federal Court of Canada proceedings regarding an application filed in 1992 by Metro-Goldwyn-Mayer Studios Inc. (MGM) to register as a trade-mark [...]

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Teachers Get Schooled In Trademarks – Again

Posted by Neil Melliship on March 2nd, 2012

In a previous post, we reported on a Federal Court of Canada decision, upholding the 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”.  Undaunted, the Ontario Teachers’ Pension Plan Board decided to [...]

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Off to the Marché We Go! – Not Descriptive and Not Confusing

Posted by Larry Munn on February 9th, 2012

The Federal court recently dismissed an appeal to have a trademark expunged on grounds of descriptiveness and confusion. In Movenpick Holding AG v. Exxon Mobil Corporation and Attorney General of Canada (Registrar of Trade-marks), the Court considered whether Esso’s “Marché Express” mark is too descriptive of the services it provides as a gas-station convenience store. [...]

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