Expungement

April 10, 2019

Trademark Expungement: Insufficient Evidence of Use and Lack of Dominant Feature

2018 FC 1261 - Trademarks expunged for lack of evidence establishing use, and for using deviants without the dominant features of the trademark design.
November 27, 2018
Due care

Trademark Variants Must Retain Distinctive Features to Show Use of the Registered Mark

2018 FC 941 – The FC confirms that trademark variants must retain distinctive features to demonstrate “use” of the registered Mark.
November 13, 2018
Due care

Federal Court Confirms That Use of a Trademark Variant May Demonstrate Use of a Trademark

2018 FC 855 – Federal Court confirms licensee’s use of trademark variant constituted use of registered trademark.
September 18, 2018
Due care

Brick-and-Mortar Hotel Not Necessary to Establish Use of Trademark in Association With “Hotel Services” in Canada

2018 FC 895 – Federal Court confirms that the term “services” must be interpreted liberally; confirms that brick and mortar hotel not needed in Canada to establish use of trademark.
September 18, 2018
Due care

The Scope of the Term “Services” in Association with a Trademark Revisited by the Federal Court

2018 FC 778 – Canada’s Federal Court confirms that foreign corporations do not need to have a brick-and-mortar store in Canada to establish use of their mark in association with services.