Archive for the "Registration" Category

Federal Court of Appeal considers “special circumstances” in appeal of trade-mark expungement

Posted by Andrew Dixon on April 18th, 2016

In a recent decision of the Federal Court of Appeal (“FCA”), the FCA took the rare opportunity to consider an appeal from a section 45 expungement proceeding. In One Group LLC v Gouverneur Inc, the FCA reviewed the Registrar’s decision not to expunge One Group LLC’s (“One Group”) trade-mark registration for STK (the “Mark”) on [...]

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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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