Archive for the "Registration" Category

Parliament Tables Proposed Amendments to the Trade-marks Act

Posted by Neil Melliship on October 31st, 2018

On October 29, 2018, the Canadian Parliament tabled, in a surprise to many practitioners, the Budget Implementation Act 2 (Bill C-86), which would amend, among other things, the Patent Act, Trade-marks Act, and Copyright Act. In addition, the bill contains provisions enacting the College of Patent and Trade-mark Agents Act . Proposed amendments to the Trade-marks [...]

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No Hotel in Canada? No Problem – Trademark Owner Maintains Trademark Registration With Hotel Services

Posted by Neil Melliship on September 19th, 2018

The Federal Court of Canada (the “Court”) recently released its decision in Hilton Worldwide Holdings LLP v Miller Thomson, 2018 FC 895. In the decision underlying this appeal, the Registrar expunged the Canadian trademark registration for WALDORF-ASTORIA, owned Hilton Worldwide Holdings LLP (“Hilton”), on the basis of non-use. The Court allowed the appeal, and found [...]

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In no mood for charity: Federal Court confirms that charities are not necessarily public authorities

Posted by Kwan Loh and Laura Cojocaru on August 18th, 2016

The Federal Court of Canada recently confirmed in Starbucks (HK) Limited v. Trinity Television Inc., 2016 FC 790 (the “Decision”) that status as a charity is, in and of itself, insufficient to constitute an entity as a public authority for the purpose of obtaining an official mark. (For a discussion about official marks and their [...]

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