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Intellectual
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CBA Intellectual Property Section

Articles are published by the Intellectual Property Section. Members interested in posting articles are encouraged to send them to the Section by email: CBAI_P@cba.org.

Today
Today

Case summary: Federal Court of Appeal dismisses trademark appeal

  • November 17, 2021
  • Antonio Alcantara Tangonan

Geox S.p.A. (“Geox”) appealed a Federal Court decision that dismissed its appeal of a decision by the Trademarks Opposition Board (“TMOB”). In its decision, the TMOB amended the registration of the trademark ANFIBIO & Design, owned by Giuseppe De Luca, deleting the goods “shoes,” but maintaining the goods “boots” pursuant to subsection 45(3) of the Trademarks Act (non-use).

Intellectual Property

Federal Court grants stay preventing re-examination board from invalidating patent already found to be valid by Federal Court

  • August 19, 2021
  • Peter W. Choe

Teva brought a motion seeking a stay of the ongoing re-examination proceeding [the Re-examination Proceeding] related to Patent No. 2,760,802 [the 802 Patent] before the Re-examination Board of the Canadian Intellectual Property Office [the Board] until the conclusion of all appeals from the recent judgment in this Federal Court action. The Attorney General of Canada [the AG], on behalf of the Board, consents to the motion. The motion is opposed by the Defendant Pharmascience.

Intellectual Property

Case Summary: Federal Court dismisses Section 56 appeal of TMOB’s decision to refuse application to register the trademarks FIRE AND ICE CANADIAN DIAMOND & Design and FIRE ON ICE CANADIAN DIAMOND & Design

  • August 19, 2021
  • William S. Foster

Appeal under Section 56 of the Trademarks Act by Beverly Hills Jewellers MFG Ltd. (the “Applicant”) of the Trademarks Opposition Board’s (“TMOB”) decision to refuse its applications to register the composite trademarks FIRE AND ICE CANADIAN DIAMOND & Design and FIRE ON ICE CANADIAN DIAMOND & Design (collectively, the “DIAMOND Marks”):

Intellectual Property