Archive for the "Registration" Category

A Professional Designation Can Be A Certification Mark: Canada’s Federal Court

Posted by Larry Munn on July 19th, 2013

In a decision rendered earlier this year, Ontario Dental Assistants Association v. Canadian Dental Association, the Federal Court of Canada held that a professional designation could function as a certification mark, although not  in the case at hand. The case was an appeal from a decision of the Trademarks Opposition Board (TMOB) allowing the Canadian [...]

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No Trademark Monopoly: Red Horse / Black Horse

Posted by Larry Munn on May 10th, 2013

In January 2013 the Federal Court considered whether an ordinary beer drinking consumer, on hearing the words RED HORSE, would likely think that RED HORSE must be a beer made by the same company that makes BLACK HORSE.  The Court’s response: “unlikely”. This decision was reached in San Miguel Brewing International Ltd v. Molson Canada, [...]

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An Interplay of Canadian Official Marks and Canadian Trademarks

Posted by Larry Munn on March 28th, 2013

A February 2010 blog, “Professional Designations and Abbreviations, Acronyms and Initials” discussed the summary judgment and permanent injunction obtained by the College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia (“the College”) against the Council of Natural Medicine College of Canada (“the Council”) pursuant to which certain trademarks which the Council had registered, such D.C.T.M [...]

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