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11 March 2003

DIPLOMAT fight not over yet

In Kelendji v Diplomat Fullhalter Gesellschaft Kurz & Rauchle GmbH, the Federal Court of Appeal has overruled a decision to maintain the registration of the mark DIPLOMAT because the trial judge did not consider all the grounds for cancellation set out in the Trademarks Act. Accordingly, the case has been remanded to the Trial Division for further consideration.

05 February 2003

Public notice of NETFILE official mark valid, rules court

The Federal Court of Canada has refused to review the trademark registrar's decision to give public notice of the government's use of an official mark. The court held that the registrar cannot refuse to give public notice if, as here, all the criteria set out in Section 9 of the Canadian Trademarks Act are met.

21 January 2003

Canada considers protecting European GIs for wines and spirits

Negotiations between Canada and the European Union may result in a bilateral agreement whereby Canada would remove 22 wine names and two spirit names from the lists of products referred to as 'generic' under the Canadian Trademarks Act. This would mean that the names could be registered - and therefore protected - as geographical indications in Canada.

10 December 2002

Public authority status needed for official marks

The Canadian Trademarks Office is now requiring that applicants for official trademarks provide evidence of public authority status. The test for public authority status has two prongs: (i) the applicant must be under a significant degree of government control, and (ii) the activities of the applicant must be for public benefit.

14 November 2002

Trademark registration is complete defence against passing-off action

In the case of Molson Canada v Oland Breweries, the Ontario Court of Appeal has dismissed Molson's passing-off action, ruling that Oland's use of its registered trademark OLAND EXPORT constitutes a complete defence against such an action.