Maple Melee Meets End?

There is an update available to an earlier story we blogged concerning an ongoing dispute between American Clothing Associates SA and the Office for Harmonisation in the Internal Market (OHIM).  We previously reported that a mark integrating Canada’s well-known maple leaf symbol could not be registered in the CTM because it contained the maple leaf, and accordingly improperly connoted an association with Canada.

In a decision released July 16th, the European Court of Justice dismissed American Clothing Associates’ appeal of this decision, and concluded that the maple leaf emblem was indeed protected as a state emblem.

Good coverage of the decision is available at German Trademark Law In A Nutshell – and thanks to Chris of GTLIAN for alerting us to the decision’s release.


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About the Blog

The authors of the Canadian Trademark Blog are all members of the Canadian law firm Clark Wilson LLP, based in Vancouver, Canada. Each author's practice focuses–either in whole or in substantial part–on Canadian intellectual property law. Together, they manage the trade-mark portfolios of local, national and international brand owners in nearly all industries and markets.

The Authors