For Canadians, "Glen" Designates Whisky From Scotland, Court Rules


A recent trademark decision by a Federal Court of Canada highlights a nuance in that nation?s trademark protection laws, and the importance of monitoring international trademark developments within any particular industry.

In Scotch Whisky Association v. Glenora Distillers International Ltd., a Federal Court sitting in Ottawa, Ontario considered the trademark use and registration of the term GLEN for whisky. The Court first explained that generally, under Canadian trademark law, a trademark for whisky must be refused registration either if it is deceptively misdescriptive of the place where the whisky originated, or if the mark has, by ordinary and bona fide commercial usage, become recognized in Canada as designating a place of origin.

See full newsletter for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Manatt, Phelps & Phillips, LLP | Attorney Advertising

Written by:


Manatt, Phelps & Phillips, LLP on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.