Archive for the "Trade-mark Oppositions" Category

Invoices Evidencing Use and Abandoning Use of Trademarks

Posted by Larry Munn on January 9th, 2013

A decision from the Federal Court of Appeal, Iwasaki Electric Co. Ltd. v. Hortilux Schreder B.V, provides some useful commentary regarding invoices as evidence of trademark use and regarding the issue of abandonment.  Hortilux opposed Iwasaki’s application to register HORTILUX in association with electric lamps.  The Opposition Board accepted October 1997 as Iwasaki’s date of [...]

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Engineering a Successful Trademark Opposition: Canada’s Federal Court finds that KELLY ENGINEERING RESOURCES mark is deceptively misdescriptive

Posted by Jeff Morton on December 12th, 2012

A recent Federal Court decision in Canadian Council of Professional Engineers v. Kelly Properties, LLCreversed a prior Trademarks Opposition Board (TMOB) decision by holding that Kelly Properties’ KELLY ENGINEERING RESOURCES trademark application was not registrable. In the prior TMOB proceedings, the opposing party, Canadian Council of Engineers, was unsuccessful in its opposition to the KELLY ENGINEERING [...]

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Affidavit Struck: US Trademark Decision Not to Be Used as Evidence

Posted by Larry Munn on September 10th, 2010

The Federal Court recently took the unusual step of striking evidence on an interlocutory application, concluding that the affidavit at issue contained irrelevant or hearsay evidence going to controversial issues and that the objecting party would be prejudiced if admissibility was left to the trier of fact. In The Chamberlain Group v. Lynx Industries Inc., [...]

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