Archive for the "Registration" Category

Bigger! Better! Wares and Services Manual Expands

Posted by Jeffrey Vicq on May 5th, 2011

After a long wait, Canadian practitioners were delighted to learn this morning that CIPO has finally approved and activated more than 12,000 new entries in the Wares and Services Manual. By way of background, in 2009 CIPO signed a memorandum of co-operation with the United States Patent and Trademarks Office, the Japan Patent Office and [...]

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Trademark Summary Expungement Proceedings: Evidentiary Issues

Posted by Larry Munn on February 10th, 2011

In 1459243 Ontario Ltd. v. Eva Gabor International, Ltd., the Federal Court set aside the Registrar’s decision expunging a trademark under section 45 of the Trade-marks Act.  The parties agreed that the standard of review was one of correctness, unless new evidence would have materially affected the decision of the Registrar.  At issue was whether [...]

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Off-colour Trademark Decision Leaves Glaxo Purple With Frustration

Posted by Jeffrey Vicq on February 3rd, 2011

In reasons issued late last year, the Federal Court of Appeal has upheld a decision to expunge a trademark registration obtained by Glaxo Group Limited (“Glaxo”) for two-tones of the colour purple as applied to the visible surface of an asthma inhaler. The decision raises interesting questions both about primary and secondary marks, and about [...]

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