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No More Worldwide Trademarks
A decision of the Supreme Court of the United States has concluded that a plaintiff must show use in commerce in the United States of the...
John McKeown
Jul 17, 20234 min read
The Opponent’s Onus
Ebox Inc. (the Applicant) applied for the trademark EBOX TV (the Mark) based on proposed use in Canada in association with services...
John McKeown
Jul 14, 20234 min read
Trademark Infringement and Freedom of Expression
A recent decision of the Supreme Court of the United States has considered the balance between the rights of a trademark owner and the...
John McKeown
Jul 13, 20233 min read
Checks and Balances in the Section 45 Regime
Shaoguan Risen Trading Corporation Ltd., (the “Applicant”) owns a trademark registration for the trademark DOUBLE SWALLOW BRAND & DESIGN...
John McKeown
Jul 12, 20233 min read
Examination of Trademark Applications
It is taking approximately 50 months for CIPO to examine a trademark application. This is a national embarrassment which just does not...
John McKeown
Jul 4, 20232 min read
What’s Included in a Trademark Application - Part II
A Representaion or Description The requirement to provide a “drawing” has been replaced with the broader concept of a “representation” or...
John McKeown
May 31, 20233 min read
The Importance of the Use of Colour in a Trademark
A decision of the English High Court of Justice raises some interesting trademark and branding issues. Lidl Great Britain Ltd v Tesco...
John McKeown
May 12, 20236 min read
A Palpable and Overriding Error Must be Shown to Successfully Appeal From an Examiners Refusal
A Palpable and Overriding Error Must be Shown to Successfully Appeal From an Examiner's Refusal Tweak-D Inc. v. Attorney General of...
John McKeown
May 11, 20234 min read
When Not to Seek a Summary Trial!
When Not to Seek a Summary Trial! Dermaspark Products Inc v. Patel 2023 FC 388 A defendant categorized the plaintiff’s claims as an...
John McKeown
May 10, 20235 min read
A Fight to the Finish
A decision of the Federal Court deals with abandonment of registered trademark as well as bad faith. Travel Leaders Group, LLC v. 2042923...
John McKeown
May 8, 20236 min read
What’s Included in a Trademark Application
An application for the registration of a trademark for goods or services may be filed if the applicant is using or proposes to use, and...
John McKeown
Apr 28, 20233 min read
Recent Copyright Decisions
In this blog entry we deal with copyright developments in the last few months. The General Term of Protection The general term of...
John McKeown
Apr 11, 20234 min read
Entitlement
Under the amended Trademarks Act after June 17, 2019, the rules for determining priority have been changed because of the elimination of...
John McKeown
Apr 5, 20232 min read
When are Directors and Officers Liable for Infringement?
A decision of the English High Court of Justice deals with the responsibility of officers and directors of a company for alleged...
John McKeown
Mar 19, 20234 min read
The Importance of the Evidence in A Trademark Opposition!
A recent decision of the Federal Court of Appeal emphasizes the importance of the evidence required to succeed in a trademark opposition....
John McKeown
Mar 18, 20237 min read
Confusion and Chinese Characters
A decision of the Federal Court confirms the approach to be taken concerning trademarks composed of Chinese characters and deals with bad...
John McKeown
Mar 17, 20234 min read
Is the Use of Multiple Trademarks on the Same Good Acceptable?
A decision of the Federal Court deals with trademark use for both goods and services and provides an answer to the question raised above....
John McKeown
Mar 17, 20235 min read
Deviating Trademark Use
Departing from the precise form of a trademark as registered is not a wise practice unless it is carefully planned and implemented by...
John McKeown
Mar 2, 20232 min read
Trademark Use – Services
A trademark is deemed used in association with a service if it is used or displayed in the performance or advertising of the service in...
John McKeown
Feb 1, 20233 min read
Key Trademark Decisions in 2022
2022 has again been a difficult year for trademark owners and their advisors. While the impact of the pandemic may have lessened it is...
John McKeown
Jan 16, 202314 min read
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