Obtaining Trademark Registrations for Domain Names
A recent decision of the US Supreme Court has attracted significant publicity. In the decision the court disagreed with the USPTO and confirmed the trademark BOOKING.COM should be registered. The decision reviews the nature of the trademark system in the US and the basic principles. For the most part the same principles apply under the Canadian system. However, Canadian courts are more lenient in the case of marks alleged to be generic, but which are well-known as source identifiers to the public.
What is Deviating Trademark Use?
It has been often said that the practice of departing from the precise form of the trademark as registered is objectionable and dangerous practice that can lead to the invalidity of the registration. However, it remains to be seen how significant the deviation must be to destroy the validity of the mark. Cautious variations can be made without adverse consequences if the same dominant features are maintained and the differences are so unimportant as to not mislead an unaware purchaser of the wares.
What Is Bad Faith in a Trademark Context?
There have been several recent developments concerning “bad faith’” and it seems just a matter of time before we face this issue in Canada.
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.
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 […]
