Archive for the "Trade-mark Oppositions" Category

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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Trademark Interlocutory Injunction Denied

Posted by Larry Munn on July 12th, 2013

A recent decision of the Saskatchewan Court of Appeal, setting aside the interlocutory injunction granted by the Chambers judge, illustrates how difficult it is to obtain an interlocutory injunction absent convincing evidence that satisfies the three part test for an interlocutory injunction.  In Kulyk v. Wildman (Weight Loss Forever Consulting), the Saskatchewan Court of Queen’s Bench [...]

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No Trademark Monopoly: Red Horse / Black Horse

Posted by Larry Munn on May 10th, 2013

In January 2013 the Federal Court considered whether an ordinary beer drinking consumer, on hearing the words RED HORSE, would likely think that RED HORSE must be a beer made by the same company that makes BLACK HORSE.  The Court’s response: “unlikely”. This decision was reached in San Miguel Brewing International Ltd v. Molson Canada, [...]

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