By Tamara Céline Winegust and Janice Bereskin. On June 17, 2022, it will be three years since the coming into force of major amendments to the Canadian Trademarks Act, and, importantly, three years since the Trademarks Office began registering trademarks without claims of use. In just under a month, those trademarks will start becoming vulnerable to…
The UK finally said bye-bye to the EU, but for how long will UK-based rights still matter in deciding EUTM-related controversies? This is the subject of two recent decisions by the General Court, i.e. the Basmati case, T‑342/20, decided on October 6, 2021, and the subsequent APE TEES case, T‑281/21, decided on March 16, 2022. In…
On 4 March 2021, the Danish Maritime and Commercial High Court (the Court) issued a decision between Mads Heindorf Jewellery (Mads Heindorf) and the company Heindorf Diamonds. The dispute regarded the jeweler Mads Heindorf’s trademark for the word “Heindorf”, which was asserted infringed by Heindorf Diamonds’ use of the name “Heindorf Diamonds” in relation to…
The Israeli Deputy Registrar, in a recent decision, overturned a rejection made by the examiner, and allowed the registration of a trademark for the Hebrew transliteration of “Chef Line” in classes 11 and 35 (Trademark Application No. 315406). In her decision, the Deputy Registrar accepted the arguments of the applicant, A.M. Chef Line Limited, which…
Read up on the latest news reported by the Kluwer IP Reporter here. Liberia introduces new rules on trademarks, patents The Republic of Liberia has recently promulgated some regulations on trademarks and patents under the Industrial Property Act of 2016. Read the full story here Morocco accedes to Hague System On 22 April 2022, the…
The Madrid Protocol makes it possible to extend protections from an international registration to the United States. A United States District Court has just cautioned practitioners that they must satisfy the intent to use requirements for all United States trademark applications before availing themselves of this tool. A recent contest between Oatly AB and D’s…
The jury instruction improperly stated that the plaintiff was required to show willfulness for an award of profits. Jury instructions given during a trial over whether a whale-watching company and its affiliates violated the Lanham Act by engaging in materially false or misleading advertising about their business failed to recite the correct legal standard, the…
Background Craft and industrial products (CIPs) are a specific category of non-agricultural products originating in a certain geographic area and having a specific reputation for their qualities such as Brač stone or Murano glass. The Geneva Act of the Lisbon Agreement on Appellations of Origins and Geographical Indications (the Geneva Act) provides an international legal…
In January 2020, Volkswagen (VW, the Opponent) filed an opposition against this trade mark application, alleging a likelihood of confusion with its earlier 3D shape registrations . The Applicant’s mark covered camping vehicles and camping equipment and VW’s earlier marks cover broad vehicle and furniture terms. The opposition was initially dismissed by the EUIPO…
By Janice Bereskin, Toba Cooper and Luca Manfredi. Barely five years after Canada’s “green rush”, interest in psychedelics for both medical and recreational use has increased dramatically. According to current estimates, the industry will grow at double-digit annual rates between now and 2027. Trademark practitioners expect a repeat of the cannabis trademark rush, but this…
