New Canadian Trade-marks Office Practice Notices Regarding Colour Claims and Amendments Prior to Examination

The Canadian Trade-marks Office (TMO) recently issued two practice notices, effective December 22, 2010. The first practice notice concerns colour claims. The second practice notice addresses amendment to trade-mark applications request prior to examination. Colour Claims Practice Notice Trade-mark Regulations Rule 28(1) requires colour descriptions for any colour claims made in a Canadian trade-mark application. … Continue reading

Changes to Canada’s Olympic and Paralympic Marks Act effective January 1, 2010

In 2007, the Olympic and Paralympic Marks Act was enacted in anticipation of the 2010 Vancouver Winter Olympics. The Act provided the Vancouver Organizing Committee, and any subsequent Canadian Olympic organizing committee, with considerable legal powers to prevent the unauthorized use of Olympic and Paralympic marks by those seeking to profit from an unauthorized association … Continue reading

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.

New Practice on Extensions of Time for Trade-mark Applications

On March 11, 2010, the Canadian Trade-marks Office will implement a new practice on extensions of time to respond to examination reports.

CIPO Consultation on Extensions of Time in Trade-mark Prosecution; Comments Due October 30

Canada’s Trade-mark Office is soliciting comments on a proposed Practice Notice governing extensions of time to respond to trade-mark office actions. The Practice Notice, if enacted in its present form, would be a significant change in Canadian trade-mark prosecution practice.

The 100 Best Global Brands 2009: Highlights

Interbrand’s 100 Best Global Brands 2009 has been announced. Unsurprisingly, the value of financial services brands declined dramatically in the recession, while food companies’ valuations improved. Surprisingly, the majority of luxury fashion houses on the list have increase their rank relative to 2008 despite the recession and decreased brand value. On a patriotic note, the two Canadian companies on the 2008 list have increased their 2009 ranking.

CIPO Consultation on Trade-mark Foreign Use and Registration Claims

Canada’s Trade-mark Office is seeking comments on a proposed Practice Notice regarding claims of foreign use and registration in Canadian trade-mark applications. The deadline to submit comments is November 15, 2009.

Update on Labatt v. Brick Brewing Lawsuit over Lime Beer

Anheuser-Busch and Labatt amended their Statement of Claim in Brick Brewing lime lawsuit.

Molson sues Labatt over mountain trade-mark

Molson Coors has sued Labatt, alleging that a mountain logo used in advertising for Labatt’s Kokanee product is confusingly similar to the Coors Light mountain logo.

South of the Border: Learning from Twitter and TWEET

Twitter’s U.S. trade-mark application for TWEET has been refused because other applicants filed earlier applications for TWEET-containing trade-marks. The situation provides a valuable lesson on trade-mark filing strategy.