Archive for the "Registration" Category

Canadian Trademark Registrations Expunged

Posted by Jeffrey Vicq on February 25th, 2008

Following up on a case we first told you about in March 2007, Canada’s Federal Court of Appeal recently delivered its judgement in the case of Cheap Tickets and Travel Inc. v. Emall.ca Inc. Disputes between these parties have been underway for some time. In 2002, Cheap Tickets obtained Canadian trademark registrations for CHEAP TICKETS [...]

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Judging A Wine By Its Label: A Trademark Issue

Posted by Larry Munn on January 4th, 2008

In Sociedad Agricola Santa Teresa Ltda. et al. v. Vina Leyda Limitada, the Federal Court considered what constitutes a place of origin for wine such that the place name cannot be registered as a trademark. At issue was section 12(1)(b) of the Canadian Trade-marks Act which states that a trademark is not registrable if it [...]

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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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