Canada: Claim In Application Requesting Refusal Of Trademark Registration Struck For Lack of Jurisdiction (Intellectual Property Weekly Abstracts Bulletin — Week of May 2)

Claim in Application Requesting Refusal of Trademark Registration Struck for Lack of Jurisdiction

Viorganica Laboratories Inc. v. Société de Produits Nestlé, 2016 FC 431

The Court has struck a claim for "[a]n Order refusing the Application No. 1,645,153, for registration of the trademark BELLA", because the application is still outstanding before the Registrar. In so doing, the Court recognized it did not have jurisdiction to review the decision because the decision had not yet been made.

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