Jose Cuervo S.A. de C.V. v. Bacardi & Company Ltd. and the Registrar of Trade-marks was the second time that Bacardi had sought summary expungement, pursuant to section 45 of the Trade-marks Act, of the trade-mark CASTILLO for use in…
Proving a Trademark Licence
3082833 Nova Scotia Company v. Lang Michener LLP and Registrar of Trade-marks illustrates the importance of providing evidence of any licences in place when confronted with a summary expungement under section 45 of the Trademarks Act: an evidentiary burden that…
Ch-ch-ch-ch Changes? CIPO’s Client Consultations Continue
The Canadian Intellectual Property Office has engaged in a number of client consultations recently. Considering changes to Section 45 practice, changes to practice before the Opposition Board – even changes to the method by which it publishes practice notices –…
CIPO Releases Its Plan
The Canadian Intellectual Property Office recently released its 2009-2010 Business Plan to the public. The Plan is designed to direct CIPO toward its goal to “be a leading intellectual property office that is recognized for excellence in its products and…
Trademark Statistics: Another Year in Review
The Canadian Intellectual Property Office released its 2007-8 Annual Report a few weeks back. A few highlights: over 47,500 applications were filed in the twelve month period ending March 31, 2008, reflecting nearly a 5% increase over the previous year…
The Need for Proper Evidence of Trademark Use
A previous blog commented on the importance of proper evidence of use when the registered owner of a Canadian trademark is faced with a potential expungement pursuant to section 45 of the Trade-marks Act. Curb v. Smart & Biggar, on…
A Second Chance to Prove Use of a Trademark
Under section 45 of the Trade-marks Act, an applicant, upon receipt of the Registrar’s notice, must provide an affidavit or statutory declaration evidencing use within the previous three years or an acceptable excuse for non-use. In Vêtement Multi-Wear Inc. v….