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. 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. 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. 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.
Trade-Mark Proceedings
Appeal of TMOB Refusal to Grant Trade-mark Dismissed by
Federal Court
Appeal of TMOB Refusal to Grant Trade-mark Dismissed by
Federal Court
Appeal of TMOB Rejection of Opposition to Trade-mark
Dismissed by Federal Court
Other Industry News
ARTICLE
10 January 2013
Appeal Of TMOB Refusal To Grant Trade-Mark Dismissed By Federal Court (Intellectual Property Weekly Abstracts Bulletin - Week Of January 7, 2013)
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".