Posts Tagged ‘ornamental mark’
In Scott Paper v. Georgia-Pacific Consumer Products LP (2010 FC 478), the Federal Court of Canada (FC) set aside a decision from the Trade-Marks Opposition Board (TMOB) and reinstated applicant Scott Paper’s trade-mark application covering a daisy flower square pattern design for use with bathroom tissue.
Scott Paper had appealed under section 56 of the Trade-marks Act (the Act) against respondent Georgia-Pacific’s opposition on the grounds of confusion under 12(1)(d) and subsection 6(5), lack of entitlement under subsection 16(3) to register a confusing mark and lack of distinctiveness over the respondent’s own mark. Continue Reading
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
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