Archive for the "Trade-mark Oppositions" Category
Malcolm Parry’s VANCOUVER LIFE Fails to Impress Federal Court
The Federal Court recently issued its decision in Sim & McBurney v. Malcolm Parry. This case was an appeal by Sim & McBurney from a decision of the Trade-marks Opposition Board, relating to Sim & McBurney’s Section 45 challenge to society columnist Malcolm Parry‘s trade-mark VANCOUVER LIFE. Toronto Life Publishing Company Limited (represented by Sim [...]
Evidentiary Omissions Lead to Trademark Appeal
The recent Federal Court case of Sanders v. Smart & Biggar Intellectual Property and Technology Law is a good example of the difference that well prepared evidence can make. The Trademarks Opposition Board expunged the applicant’s trade-mark, “UGGLY BOOTS” pursuant to section 45 of the Trade-marks Act because the applicant had not demonstrated use of the trademark in [...]
Non-Use of a Trademark – Evidence of Special Circumstances Required
Jose Cuervo S.A. de C.V. v. Bacardi & Company Ltd. and the Registrar of Trade-marks was the second time that Bacardi had sought summary expungement, pursuant to section 45 of the Trade-marks Act, of the trade-mark CASTILLO for use in association with rum. This time, the Federal Court Trial Division agreed with the Registrar and [...]
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