Archive for the "Legislation" Category

“Bad Faith” Decision Bad News for Applicants?

Posted by Jeffrey Vicq on November 28th, 2008

A recent Opposition Board decision highlights a little-examined area of Canadian trademark law, raising questions pertaining to the entitlement to file a trademark application, and issues of good faith related thereto. In Cerveceria Modelo, S.A. de C.V. v. Marcon, issued August 12, 2008, the Trade-mark Opposition Board upheld an opposition brought by Cerveceria Modelo against [...]

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Latest Olympics Trademark Dust Up Is Of Anthemic Proportions

Posted by Neil Melliship on September 25th, 2008

A Canadian Press Story today reports that the Vancouver Organizing Committee for the 2010 Winter Olympic Games (VANOC) has recently filed applications with the Canadian Intellectual Property Office (CIPO) to register the phrases WITH GLOWING HEARTS and DES PLUS BRILLIANTS EXPLOITS as trademarks. These applications are filed based on proposed use in Canada in association [...]

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Canada’s Trademark Opposition Practice Changing Again?

Posted by Jeffrey Vicq on September 9th, 2008

In case you missed it: the Canadian Intellectual Property Office has commenced a public consultation session concerning possible changes in practice before the Trademark Opposition Board. These proposed changes follow on the heels of – and are likely motivated by – changes introduced to Opposition Board practice last fall. Many practitioners were surprised by those [...]

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