Posts from ‘Canada: Trademarks’
In Procter & Gamble Inc. v. Colgate-Palmolve Canada Inc. (2010 FC 231), the Federal Court of Canada (FC) upheld a decision of the Trade-marks Opposition Board (“the Board”) rejecting the Applicant Procter & Gamble’s appeal under section 56 of the Trade-marks Act (the Act) opposing the registration of the Respondent Colgate-Palmolive’s trade-mark Application for a Striped Toothpaste Design.
The FC addressed the appropriate standard of review and questioned whether the Board had erred in rejecting the Applicant’s opposition to trade-mark Application No. 760,655 on six grounds. Continue Reading
In Cobalt Brands LLC v. Gowling Lafleur Henderson LLP (2010 FC 260), Cobalt Brands LLC (“Cobalt”) appealed the Registrar of Trade-Marks’ (“Registrar”) expungement of its USQUABEACH trade-mark Reg. No. 219,908 from the Trade-Mark register (“register”) due to Cobalt’s failure to file evidence of use pursuant to subsection 45(3) of the Trade-marks Act (“the Act“). Cobalt had acquired the USQUAEBACH mark in order to produce, market, import, and export a blended Scotch Whiskey which had been absent from the market since 2001. The Federal Court of Canada (“Federal Court”) allowed the appeal, setting aside the decision of the Registrar and ordering it to reinstate Cobalt’s USQUAEBACH mark. Continue Reading
In Tucumcari Aero, Inc. v. Cassels, Brock & Blackwell LLP (2010 FC 267), Tucumcari Aero, Inc. (“Tucumcari”) appeals the Registrar of Trademarks’ (“Registrar”) expungment of its MOTO MIRROR Trade-mark Reg. No. 496,171 due to lack of control of character as required by section 50(1) of the Trade-Marks Act (“the Act“). While the Registrar was satisfied as to use with truck and automobile mirrors, it found Tucumcari’s affidavit ambiguous as to the control Tucumcari had maintained and ordered the mark expunged under section 45 of the Act. Continue Reading
In College of Traditional Chinese Medical Practitioners and Acupuncturists of British Columbia v. Council of Natural Medicine College of Canada (2009 FC 1110), the Federal Court (“FC”) granted the College of Traditional Chinese Medical Practitioners and Acupuncturists of British Columbia’s (“Chinese Traditional College”) motion for summary judgment. Registered and application marks of the Council of Natural Medicine College of Canada (“Natural Medicine College”) were expunged for being descriptive under section 12(1)(b) of the Trade-Marks Act (the “Act“), not distinctive under section 18(b), and invalid for registration and in fine under section 18(1). A permanent injunction was issued against Natural Medicine College on two grounds: its marks had previously been commercially usaged under section 10 and mislead the public under section 7(d) of the Act. Continue Reading
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