New evidence on appeal demonstrates use of TRAUMEEL mark during relevant period
Background In Biologische Heilmittel Heel GmbH v. Barrette Legal Inc., the Federal Court granted an appeal pursuant to section 56 of the Trademarks...Read More
A triumph in trademark appeal: Backordered realities
Finastra International Ltd. v Fenestrae B.V. is an appeal from a Trademark Opposition Board decision to maintain certain goods and services on...Read More
A tale of two DRAGONAS
This case involves two related companies that had been using the same trademark based on an informal understanding. After many years of...Read More
No Evidence of Use Puts Trademark Owner in Hot Water
APEC sold reverse osmosis drinking water filtration systems under the business name “APEC Water Systems” for over 20 years, making its first...Read More
First Use, Not Registration, Confers Exclusive Right To A Trade-mark
On November 2, 2017, Justice Roussel allowed Micro Matic’s application under section 57 of the Trade-marks Act and struck Taizhou’s trade-mark registration for...Read More
A Swiss (trademark) Miss – Wenger’s Infringement and Passing Off Claims Dismissed
On March 24, 2016, Justice St-Louis dismissed Wenger’s application for trademark infringement against Travelway and passing off based on following registered trademarks...Read More
“NIC OUT” gets Kicked Out: Federal Court of Appeal upholds Trade-mark Expungement
The Federal Court of Appeal has upheld the expungement of the mark “NIC OUT” from the Register of Trademarks. Product Source International...Read More
Brochures and Invoices Demonstrate Evidence of Use
In Cameron IP v. Haldex AB, Cameron was unsuccessful in its appeal from a decision by a Hearing Officer of the Trade-mark...Read More
Can’t have your steak and eat it too – expunging TM’s for deviated use
Justice Kane dismissed an appeal from the Registrar of Trade-Marks expunging Padcon’s trade-mark for “THE OUTRIGGER STEAKHOUSE AND BAR” pursuant to section...Read More
Duelling dentists: to invalidate a trade-mark you need evidence
Ocean Park is a neighbourhood in South Surrey, British Columbia. Dr. Cragg’s business had used the trade-name “Ocean Park Dental Centre” in...Read More