Consultation on Proposed Amendments to Canadian Trade-mark Regulations Governing Oppositions

Canada’s Trade-mark Opposition Board is seeking input on proposed amendments to the Trade-marks Regulations governing oppositions and geographical indications. The deadline for comments is September 20, 2010.

South of the border: U.S. Federal Court of Appeals says “nyet” to TTAB’s decision on MOSKOVSKAYA

Robert Lehrman of Bevlog brought to my attention a recent U.S. Federal Court of Appeals decision concerning the registrability of a vodka trade-mark, MOSKOVSKAYA, applied for by Spirits International, N.V. The case is interesting in that it shows that in the U.S., the relevant population for assessing a foreign language trade-mark is the relevant consuming … Continue reading

Scotch Whisky Association appeals the GLEN BRETON decision

The Supreme Court of Canada’s online docket indicates that the Scotch Whisky Association (SWA) applied for leave to appeal the Federal Court of Appeal’s decision (discussed here) allowing Glenora Distiller’s GLEN BRETON trade-mark application. On average, the Supreme Court takes approximately three (3) months to decide whether it will hear an appeal. Watch this space … Continue reading

The word “Glen” can be used in non-Scottish whisky trade-marks

In the latest battle in the fight between Glenora Distillers and the Scotch Whisky Association over the GLEN BRETON trade-mark, the Federal Court of Canada (FCA) recently allowed the registration of the GLEN BRETON trade-mark trade-mark for single-malt whiskey. The FCA ruled that the word “glen” does not designate a whisky’s country of origin and is therefore not a generic term that is an unregistrable trade-mark under Canada’s Trade-mark Act. The Association is considering a further appeal

Changes to Canadian wine geographical indications

On December 31, 2008, Burgundy, Bourgogne, Rhine, Rhin, Sauterne and Sauternes could no longer be used as generic names for wines due to the repeal of specific provisions in Canada’s Trade-marks Act. This change is due to the Agreement on Trade in Wine and Spirit Drinks (the “Agreement“) between Canada and the European Union. This … Continue reading

Kashmir Pashmina is now a geographical indication

There are reports (see here, here and here) that the Indian government recently issued a geographic indication for pashmina shawls. Under this new GI, only pashmina shawls produced in the Kashmir valley that adhere to one of two specifications can be identified as Kashmir Pashmina. Those specifications are: 1. The shawl is entirely handmade and … Continue reading