Markwell Clarizio LLP

Trademarks

De novo appeal of a trademark expungement dismissed on the basis that new evidence did not demonstrate “use”

In a decision by Southcott J., the Federal Court agreed with the Registrar of Trademarks (the “Registrar”) that Limbic Media Corporation (“Limbic”) did not establish continuous use of its registered trademark and ordered the registration expunged. There was no evidence confirming that Limbic’s trademark was sufficiently associated with its goods at the time the goods […]

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Blaze Fire’d Up Over Carbone’s Confusing Trademark Applications

In a decision by Fuhrer J., the Federal Court allowed an appeal against the Registrar’s decision to register a trademark owned by Carbone Restaurant Group Ltd. (“Carbone”), after the Trademarks Opposition Board (“TMOB”) had rejected an opposition by Blaze Pizza, LLC. (“Blaze”)   Blaze Pizza, LLC v. Carbone Restaurant Group Ltd., 2024 FC 1770 Background

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Litigating Trademark Disputes in Canada – What IP Practitioners Should Know

The process of litigating trademark disputes in Canada bears many similarities to other common law jurisdictions, in particular the United States. However, there are some unique aspects of Canadian procedure that IP practitioners in other jurisdictions should know. This short article provides a brief overview of how trademark disputes are litigated in Canada. 1.                  Trademark

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