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Two decisions in the Federal Court illustrate the advantages and disadvantages of proceeding by way of application in the Federal Court....

Another battle concerning trademark use in the context of section 45 proceedings has occurred. The respondent spared no effort in...

A recent decision of the Federal Court illustrates the importance of having a clear understanding and a written agreement concerning who...

A decision of the Federal Court expunged the registration of a trademark under section 57 of the Trademarks Act based on the applicant’s...

We previously mentioned the statutory factors. Now is the time to deal with them in more detail. Duration of Use The second factor to be...

We previously mentioned the statutory factors. Now is the time to deal with them in more detail. Inherent Distinctiveness The first...

In this blog entry we deal with copyright developments in the last few months. Too Early to Draw an Adverse Inference Voltage Holdings,...

A recent decision of the Federal Court illustrates the importance of being the first to use a trademark. F.I.A.L. Finanziaria Industrie...

Patagonia, Inc. caused the Registrar to issue a notice under section 45 of the Trademarks Act, requiring the Labatt Brewing Company...

A decision of the Federal Court illustrates the impact of state of Register use in opposition proceedings. Mécanique de performance...

Wanakome Inc. (Wanakome) is a Canadian corporation and Kemel Hadad (Hadad) was the controlling shareholder. Wanakome applied in...

This month we are continuing to discuss the general approach to trademark confusion. We previously discussed the statutory factors set...

This month we are continuing to discuss the general approach to trademark confusion. In determining whether trademarks or trade names are...

It may not be a prudent course of action to institute an opposition that exposes the opponent’s problems to scrutiny.   D.M.C. SRL v....

The Facts Promotion in Motion, Inc. (PIM), PIM sought to register the trademarks SWISSKISS and SWISSKISS & Design depicted below for the...

The English Court of Appeal has dismissed an appeal from the trial judgment which raised some interesting trademark and branding issues....

An essential feature of trademark law is that it provides only territorial protection to the proprietor of a mark in the territory or...

Last month we discussed the importance of “confusion” from a brand owner’s point of view. This month we are discussing the general...

A brand name may be protected by obtaining a trademark registration. A brand name may also be protected, directly or indirectly, by...

The Applicant applied to register the trademark Divert NS (the Mark) in association with various services related to waste diversion and...