Catherine M. Dennis Brooks
Cassels
Articles
New evidence and relevant dates in trade-mark opposition appeals
Canada - March 25 2010 In a recent appeal from the decision of the Registrar of Trade-Marks, the Federal Court considered substantial new evidence filed by the trade-mark opponent in support of its position that the trade-mark GOURMET had acquired distinctiveness through extensive use of the mark in Canada.
No-name package causes confusion in the dark
Canada - October 15 2012 The Federal Court of Appeal in Canada recently held that a no-name cigarette package depicting registered design trade-marks, but no word mark, was confusingly similar to the word mark MARLBORO which was registered for use in association with cigarettes.
Supreme Court of Canada grants leave to hear trade-mark appeal
Canada - May 14 2010 In January of 2009, we discussed the decision of the Federal Court in the case of Masterpiece Inc. v. Alavida Lifestyles Inc. a case concerning an application for expungement of a trade-mark registration pursuant to section 57 of the Trade-marks Act and the test for determining whether there is a likelihood of confusion between two marks.
Bathroom tissue must be in view to be distinctive
Canada - September 28 2010 In Scott Paper Limited v. Georgia-Pacific Consumer Products LP, the Federal Court of Canada set aside a decision of the Trade-marks Opposition Board and allowed a trade-mark application for registration of a trade-mark design used on bathroom tissue.
