Archive for the "Trade-mark Oppositions" Category

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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Beer, Trademarks and the Jurisdiction of the Opposition Board

Posted by Larry Munn on June 9th, 2010

Molson Canada 2005 v. Anheuser-Busch, Incorporated, a decision of the Federal Court and another case in an ongoing “beer war”, provides an interesting analysis of the jurisdiction of the Opposition Board. The Opponent before the Opposition Board, Molson, through a predecessor in title, held the registered trademark for the label for Standard Lager: (“the Standard [...]

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