In Scott Paper Limited v. Smart & Biggar, the Federal Court of Appeal overturned a string of case law that deviated from the wording of section 45. The appellate court agreed with the trial judge that the Registrar erred in…
Opposition and Expungement Proceeding Info Added to CIPO’s Online Database
Following up on an announcement we told you about a few weeks ago, the Canadian Intellectual Property Office has now added information respecting pending trademark opposition and Section 45 (summary expungement) proceedings to its online database. Working with the information…
Trademark Appeals: Stays and Service Requirements
A recent blog noted that a failure to obtain a stay of a Federal Court judgment when an appeal to the Federal Court of Appeal is sought, means the Registrar of Trademarks will act in accordance with the Federal Court…
Trademark Statistics: The Year in Review
The Canadian Intellectual Property Office released its 2006-7 Annual Report earlier today. The report contains some interesting information: over 45,000 applications were filed in the twelve month period ending March 31, 2007, reflecting a 4% increase over the previous year…
Canadian Intellectual Property Office News
Good news from the Canadian Intellectual Property Office: in an announcement posted to their website yesterday, CIPO advised that it will soon be making information concerning the status of both Section 45 proceedings and Opposition proceedings available online. Currently, CIPO’s…
March 2007 Case Law
There were four decisions from the Canadian courts in March that readers may find of interest. Expungement Allowed – In Emall.ca Inc. et al. v. Cheap Tickets and Travel Inc. the applicant sought expungement of the respondent’s trademarks in Federal…
December Case Law
There were three cases out of the Federal Court in December 2006 that are of interest. In Omega Engineering, Inc. v. Omega SA, 2006 FC 1472, the Applicant was the owner of the trade-mark OMEGA and three related marks for…