Trademark Expungement
December 18, 2020
2020 FCA 210: Court held that parties are not entitled to damages or an accounting of profits following the expungement of an infringing trademark.
June 4, 2020
The Federal Court of Appeal (“FCA”) has clarified how Vavilov's standard of review will apply to decisions made by the Trademarks Opposition Board (“TMOB”).
April 10, 2019
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
2018 FC 941 – The FC confirms that trademark variants must retain distinctive features to demonstrate “use” of the registered Mark.
November 13, 2018
2018 FC 855 – Federal Court confirms licensee’s use of trademark variant constituted use of registered trademark.
September 18, 2018
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
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.