Archive for the "Trade-mark Oppositions" Category

A Clearly Descriptive Engineering Trademark

Posted by Larry Munn on August 26th, 2013

In the recent case of Continental Teves AG & Co v. Canadian Council of Professional Engineers, the Federal Court of Canada dismissed an appeal of the Trade-mark Opposition Board’s refusal to register a mark.  The original application was brought by Continental Teves, a foreign corporation, to register the words ENGINEERING EXCELLENCE IS OUR HERITAGE for [...]

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Trademark Evidentiary Issues / Colour as a Trademark

Posted by Larry Munn on August 13th, 2013

JTI Macdonald TM Corp. v. Imperial Tobacco Products Limited, a recent decision of the Federal Court, includes interesting findings regarding the introduction of additional evidence on appeals, colour constituting a trademark rather than a distinguishing guise and the evidence necessary to establish non-distinctiveness. Imperial Tobacco applied to register “the colour orange applied to the visible [...]

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A Professional Designation Can Be A Certification Mark: Canada’s Federal Court

Posted by Larry Munn on July 19th, 2013

In a decision rendered earlier this year, Ontario Dental Assistants Association v. Canadian Dental Association, the Federal Court of Canada held that a professional designation could function as a certification mark, although not  in the case at hand. The case was an appeal from a decision of the Trademarks Opposition Board (TMOB) allowing the Canadian [...]

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