Archive for the "Registration" Category

More On Section 45

Posted by Larry Munn on December 12th, 2007

Last week we reported on a decision of the Federal Court, Trial Division. The Federal Court of Appeal has also handed down a recent section 45 decision referring to the section as the “‘use it or lose it’ provision for removing ‘deadwood’ from the Register”. In Bereskin & Parr v. Fairweather Ltd. the Court refused [...]

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Clear Evidence of Use Required: Section 45 Appeal Allowed

Posted by Larry Munn on December 4th, 2007

Section 45 of the Trade-marks Act allows the Registrar, at the written request of any person, to give notice to the registered owner of a trademark requiring the registered owner to furnish, within three months, an Affidavit or Statutory Declaration showing that the trademark has been used in association with each of the wares and [...]

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The Federal Court of Appeal Rules on Appeals from Decisions of the Registrar

Posted by Larry Munn on November 16th, 2007

In Sadhu Singh Hamdard Trust v. The Registrar of Trade-marks, the Federal Court of Appeal refused to interfere with a decision of the Registrar allowing the registration of a trademark, particularly where the Appellant had not exercised another more appropriate remedy. When the trademark at issue was advertised the Appellant requested a two-month extension to file [...]

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