Archive for the "Registration" Category

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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Opposition and Expungement Proceeding Info Added to CIPO’s Online Database

Posted by Jeffrey Vicq on April 4th, 2008

Following up on an announcement we told you about a few weeks ago, the Canadian Intellectual Property Office has now added information respecting pending trademark opposition and Section 45 (summary expungement) proceedings to its online database. Working with the information over the last several days, our experience has been that it is a little out [...]

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