Canada: Appeal Of TMOB Refusal To Grant Trade-Mark Dismissed By Federal Court (Intellectual Property Weekly Abstracts Bulletin - Week Of January 7, 2013)

Edited by Chantal Saunders and Beverley Moore

Trade-Mark Proceedings

Appeal of TMOB Refusal to Grant Trade-mark Dismissed by Federal Court

Societe Anonyme des Bains de Mer et Du Cercle des Estrangers aMonaco v. Monte Carlo Holdings Corp

In this case, Societe Anonyme appealed the decision of the Trade-Marks Opposition Board (TMOB) refusing its trade-mark application for "MONTE-CARLO BEACH HOTEL". The Court considered issues relating to an alleged defect in the chain of title, distinctiveness, the extent to which the trade-marks are known, the length of time the trade-marks have been in use, the nature of wares and services and their channels of trade, and the degree of resemblance between the trade-marks. In the end, the Court found the Registrar's decision to be reasonable and dismissed the appeal.

Appeal of TMOB Refusal to Grant Trade-mark Dismissed by Federal Court

Hawke & Company Outfitters LLC v. Retail Royalty Company et al

In this case, Hawke appealed the decision of the TMOB refusing its trade-mark application for "Hawke & Co. Outfitter" and bird design. The Court reviewed the decision on a reasonableness standard, and found that the Registrar's decision was reasonable. Thus, the Court dismissed the appeal.

Appeal of TMOB Rejection of Opposition to Trade-mark Dismissed by Federal Court

CEG License Inc. v. Joey Tomato's (Canada) Inc.

In this case, CEG appealed the TMOB's rejection of its opposition to the trade-mark "LOCAL". The Court found no significant use of the marks by CEG so as to negate the distinctiveness of the Applicant's trade-mark. Thus, the Court dismissed the appeal.

Other Industry News

Health Canada has announced a Consultation on the new Prescription Drug List. The consultation is open for comment until March 7, 2013.

Health Canada has announced a Pilot project for the Implementation of the Development Safety Update Report Regulatory Review at Health Canada.

Health Canada has announced a Pathway for Licensing Natural Health Products used as Traditional Medicines.

Health Canada has announced a Pathway for Licensing Natural Health Products Making Modern Health Claims.

CIPO has published a notice regarding Amendments to PCT National Phase Applications.

CIPO has posted the PCT Schedule of Fees.

CIPO has published Changes in Deposit Account Replenishment Process.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.