How to Prove that a Mark is Distinctive!

A recent decision of the Federal Court considers a ground of opposition based on lack of distinctiveness and reviews what evidence is necessary to support such a ground.

Official Marks – What are they and how are they obtained?

Official Marks Last month we discussed prohibited marks. One type of prohibited mark is called an “official mark”. These marks can be a problem for brand owners because of their nature. What are They? The term “official mark” refers to a mark adopted and used by a public authority for goods or services, in Canada, and […]

Descriptive Trade Marks are Demanding

A recent case in the United Kingdom illustrates the problems associated with a descriptive trade mark.[1] The Plaintiffs The plaintiffs were members of a substantial Hong Kong-based group of broadcasting, media and telecommunications companies headed by PCCW Ltd. (PCCW). Starbucks (HK) Limited, a PCCW company, owned the registered Community Trade Mark shown below: The mark […]