Invoices and Trade Mark Use

A recent decision of the Federal Court of Appeal shows the importance of trade mark “use” although in some cases it can be difficult to determine when it has occurred. The Facts Iwasaki Electric Co. Ltd (Iwasaki) applied for registration of the trade mark HORTILUX in association with electric lamps, claiming December 31, 1997 as […]

Recent Developments Concerning Survey Evidence

A recent decision of a U.K court concerning survey evidence may provide a view of where Canadian courts will be going in the future.[1] The Supreme Court of Canada In 2011 the Supreme Court of Canada considered theadmissibility of survey evidence in case where it was necessary to determine whether two trade marks were confusing. […]