Archive for the "Registration" Category
Official Marks Up For Review
A Private Members Bill was introduced in Canada’s federal parliament yesterday, which, if passed, will result in significant amendments to the official mark provisions in the Trade-marks Act. Section 9(1)(n)(iii) of that Act currently sets out a very simple procedure whereby public authorities can attain official mark status for virtually any mark that they have adopted and used. [...]
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Bodum: Appeal Court Affirms Trademark Distinctiveness Analysis
An earlier blog commented on the Federal Court’s decision in Bodum USA, Inc. v. Meyer Housewares Canada Inc. Bodum commenced an action for infringement, passing off and depreciation of goodwill against Meyer, which counterclaimed for a declaration that Bodum’s registration was invalid. Bodum’s action was dismissed and the registration expunged. The Court of Appeal has [...]
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In Cheah v. McDonald’s Corporation, the Federal Court of Canada held that MACDIMSUM is likely to be confusing with the MacDonald’s family of trademarks. Focusing on the evidence presented, the Court distinguished several earlier cases in which McDonald’s failed to preclude other businesses from using the MC or MAC prefix, including McDonald’s Corporation v. Silcorp [...]
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