The Court of Appeal confirmed that leave to appeal is mandatory under section 6.11 of the PM(NOC) Regulations. If leave is not sought, the appeal is at risk of being dismissed outright.

The Travel Leaders trademark has been contentious between these two parties for over a decade. In this decision, TLG succeeded in having the trademark expunged and obtained nominal damages for passing off of another trademark, punitive damages and costs from Ontario Inc.

The decision involves the refusal, by the Registrar of Trademarks, to approve an application to register the trademark TRIBAL CHOCOLATE in association with hair products. The Registrar refused the application on the basis of its finding that the trademark was likely to be confused with the trademark TRIBAL, which had been previously registered by a third party in association with similar goods.

This decision involves an appeal of summary non-use cancellation proceedings, pursuant to section 45 of the Trademarks Act, in which all of the registered goods and most of the registered services were deleted from two of the Applicant’s registrations for MASTER SADDLES (in word and design form).

The Applicant appealed the decision of the Registrar of Trademarks expunging its LUCIFER mark (registered for beer and ales) for non-use pursuant to section 45 of the Trademarks Act.

This is an appeal from the Registrar of Trademarks’ decision expunging the mark NAVIGATOR (registered for chemicals for use in the manufacture of paper products) pursuant to section 45 of the Trademarks Act. The additional evidence filed by the Applicant on appeal was found to be material and as such the Court proceeded on a de novo basis.

Alexion Pharmaceuticals Inc. brought an application, seeking to add Dr. Mark J. Evans as an inventor to Canadian Patent No. 2,645,810 [the “810 Patent”] and Canadian Patent No. 3,022,097 [the “097 Patent”]. The Court granted the application and added Dr. Evans as an inventor.

Takeda brought a motion to consolidate two actions commenced under the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133. The parties agreed that if the actions were consolidated the trial dates would need to be postponed. The motion was dismissed.

In 2012, Puma Se (“Puma”) filed a trademark application for “procat” in association with certain clothing items related to footwear and headgear (the “Application”).

In this case, the Applicant (Cheung’s Bakery) successfully expunged two of the Respondent’s (Easywin) trademarks registrations.