Archive for the "Registration" Category

Trademark Use Not to Be Inferred: Section 45

Posted by Larry Munn on September 18th, 2008

In past blogs, we have discussed various Federal Court decisions made pursuant to section 45 of the Trade-marks Act, which is intended to be a summary and expeditious procedure for cleaning up the trade-mark register of trade-marks that have fallen into disuse. In Grapha-Holding AG v. Illinois Tool Works Inc. the Federal Court, Trial Division [...]

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Trademark Expungement Despite Plans for Future Use

Posted by Larry Munn on May 29th, 2008

In Scott Paper Limited v. Smart & Biggar, the Federal Court of Appeal overturned a string of case law that deviated from the wording of section 45. The appellate court agreed with the trial judge that the Registrar erred in deciding not to expunge the trade-mark “VANITY” despite 13 years of non-use. We previously discussed [...]

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Official Marks: Federal Court Confirms Clear Evidence of Use Required

Posted by Larry Munn on May 14th, 2008

In a recent decision, See You In – Canadian Athletes Fund Corporation v. Canadian Olympic Committee, the Federal Court of Appeal agreed with the decision of the application judge which we reported on last May. The Court of Appeal also concluded that the Canadian Olympic Committee (“the COC”) had not proved use of its official marks, [...]

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