Trademark Cases

Registration for JACK BLACK allowed on appeal Jack Black L.L.C. v. Canada (Attorney General), 2014 FC 664

The applicant for the registration of the trade-mark JACK BLACK has won before the Federal Court.  The application is for wares relating to personal care and grooming products, including lotions and skin preparations, shaving gels and deodorants, among others.  The mark was found to have been used in Canada since January 2002. 

No objection has ever been raised by anyone named Jack Black, but the Registrar of Trade-marks had made that objection on its own initiative, stating that “Jack Black is an internationally renowned actor, comedian and musician.”  The applicant argued that in 1999, when the mark was adopted in the USA, the actor did not have significant prominence or public reputation. 

The Court decided that the issue can be dealt with under paragraph 9(1)(k) of the Trade-marks Act.  The Court found that there was no evidence in the case that showed a connection with the actor Jack Black was intended.  Indeed, the evidence was found to show the opposite and it was tendered by the applicant without objection.  In the result, the appeal was allowed and the application approved.

Industry News

Health Canada has published the Therapeutic Products Directorate Statistical Report 2013/2014

CIPO has announced a consultation on MOPOP Chapter 13: Examination of Applications. The consultation is open until August 1, 2014.