Trademark Opposition
February 9, 2023
2023 FCA 4: The prefix "pro" did little to make Puma's "procat" mark distinctive over Caterpillar's CAT & Triangle Design.
April 11, 2022
New trademark registrations can be opposed by business owners who are concerned that the mark would cause confusion with their own registered trademark.
December 29, 2021
The Federal Court of Appeal held that the trial judge cannot intervene in a trademark opposition decision in the absence of any errors by the Board.
October 18, 2021
2021 FC 974: The Federal Court concluded that Puma’s use of procat would likely cause confusion with heavy equipment manufacturer Caterpillar Inc.’s ‘CAT’ trademark.
September 3, 2020
With problematic brands like Aunt Jemima and Uncle Ben being dropped, how can brand owners prevent third parties from hijacking the discontinued marks?
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”).
January 2, 2020
Nearly 30 years after founding the streetwear brand FUCT, Erik Brunetti finally convinced SCOTUS to end a ban on "immoral" or "scandalous" trademarks.
December 16, 2019
The Raptors are tipping off against Monster, who allege the Raptors trademark featuring a clawed-up basketball is confusingly similar to the Monster "M".
July 19, 2019
Dead End Survival, LLC v Marhasin (2019 ONSC 3453) In the era of online shopping, it is easier than ever for counterfeiters to distribute fake consumer […]
May 1, 2019
2019 FC 406 - FC confirms that registered owner is not precluded to submit new evidence on appeal if no evidence is submitted after receiving s.45 notice from the Registrar.
December 11, 2018
Fed. Cir. 2017-1468 – The United States Court of Appeals for the Federal Circuit confirms that surname may be registered as trademark as it acquired distinctiveness.
November 15, 2018
Changes coming to Canadian trademark law and the requirement to show use of trademark before registration.