Posts Tagged "trade-marks"

Supershuttle Loses Rebuttal – Canadian Registration Scuttled

Posted by Stephanie Mui on May 23rd, 2016

In a recent Federal Court of Canada (the “FC”) decision, 2015 FC 1259, the FC dismissed an appeal by Supershuttle International, Inc. (“Supershuttle”) to overturn a decision of the Registrar of Trade-marks (the “Registrar”), expunging its Canadian trade-mark registration for SUPERSHUTTLE (the “Mark”) for non-use. Supershuttle provides ground transportation services to and from airports in [...]

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Federal Court of Appeal considers “special circumstances” in appeal of trade-mark expungement

Posted by Andrew Dixon on April 18th, 2016

In a recent decision of the Federal Court of Appeal (“FCA”), the FCA took the rare opportunity to consider an appeal from a section 45 expungement proceeding. In One Group LLC v Gouverneur Inc, the FCA reviewed the Registrar’s decision not to expunge One Group LLC’s (“One Group”) trade-mark registration for STK (the “Mark”) on [...]

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Save the Date: the Importance of the Date of First Use in Canadian Trade-mark Applications (for now)

Posted by Kwan Loh on February 16th, 2016

A recent decision of the Canadian Trade-marks Opposition Board, Constellation Brands Québec Inc. c Sociedad Vinícola Miguel Torres, S.A., 2016 TMOB 4 (“Miguel Torres”), serves as a reminder of the importance of stating an accurate and supportable date of first use, when claiming use as a basis for registration in Canada. In Miguel Torres, the Applicant [...]

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