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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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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Certification Mark Under the Trade-marks Act Refused: Evidence of Use by Others

Posted by Larry Munn on August 16th, 2010

In Ministry of Commerce and Industry of the Republic of Cyprus v.  Les Producteurs Laitiers du Canada et al. the Federal Court set aside two decisions of the Registrar of Trade-marks, but allowed a third to stand in part, which was sufficient to prevent registration of the Applicant’s certification mark, HALLOUMI, in association with cheese. [...]

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