This article was originally published in Blakes Bulletin on Intellectual Property, December 2005.
2005 has been an active year for trade-mark law in Canada. The Supreme Court of Canada has weighed in on the doctrine of functionality, the Federal Court has held that reverse confusion can be the basis for a cause of action, and courts have clarified issues with respect to official marks and trade-mark infringement generally.
Recent decisions have also led to changes in the practice in the Trade-marks Office with respect to descriptive or misdescriptive marks, and the priority of co-pending applications. Still to come is the Supreme Court of Canada’s decision relating to famous marks in two cases that were heard together: Veuve Clicquot and Mattel.
Significant Decisions
Functional Trade-marks. The Supreme Court of Canada opined on the interface bet
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