Archive for the "Registration" Category

Supershuttle Loses Rebuttal – Canadian Registration Scuttled

Posted by Stephanie Mui on May 23rd, 2016

In a recent Federal Court of Canada (the “FC”) decision, 2015 FC 1259, the FC dismissed an appeal by Supershuttle International, Inc. (“Supershuttle”) to overturn a decision of the Registrar of Trade-marks (the “Registrar”), expunging its Canadian trade-mark registration for SUPERSHUTTLE (the “Mark”) for non-use. Supershuttle provides ground transportation services to and from airports in [...]

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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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