Archive for the "Registration" Category
Expungement: A Poisoned Trademark – for Both Parties
In JAG Flocomponents N.A. Inc. v. Archmetal Industries the Plaintiffs sought expungement of the Canadian trademark FUSION, as well as a declaration that the Defendants had breached section 7(a) of the Trade-marks Act. The trademark was registered for use in association with ball valves for industrial use and use was claimed since as least as early as September, [...]
Beer, Trademarks and the Jurisdiction of the Opposition Board
Molson Canada 2005 v. Anheuser-Busch, Incorporated, a decision of the Federal Court and another case in an ongoing “beer war”, provides an interesting analysis of the jurisdiction of the Opposition Board. The Opponent before the Opposition Board, Molson, through a predecessor in title, held the registered trademark for the label for Standard Lager: (“the Standard [...]
Feud Over Family Name Spills Into Federal Court
In a recent decision of the Federal Court Trial Division, the registration of the mark STENNER was expunged on the basis that it was not distinctive. STENNER was registered as a trademark in the Canadian Intellectual Property Office (“CIPO”) in 2005. The Application, filed in 2003, was objected to by the CIPO Examiner on the basis that [...]
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