Trademark Act

News & Analysis as of

TTAB Refuses to Register “The Slants,” Finding it to be “Disparaging”

Racial and ethnic disparagement is a hot topic at the Trademark Trial and Appeal Board these days. While a decision is still pending in the latest cancellation action involving the long disputed WASHINGTON REDSKINS...more

Official Marks and Kermode Bears

The Kermode bear is a rare species of Canadian black bear, native to the beautiful province of British Columbia. The recent case of City of Terrace v Canadian Pacific Phytoplankton Ltd., 2013 TMOB 156 brings the iconic...more

China’s National People’s Congress Amends The Chinese Trademark Law

China’s National People’s Congress enacted the third amendment to the trademark law on August 30, 2013, and it will come into force on May 1, 2014. The amended trademark law appears to be a significant improvement on the...more

Oops! Assignment Of Intent-To-Use Trademark Applications: Easy But Not Simple

The language in the Trademark Act is very clear on the issue of assignment of intent-to-use applications. In a recently issued precedential opinion, the Trademark Trial and Appeal Board has held, once again, that Section...more

Update: Combating Counterfeit Products Act

As a follow-up to our earlier post (Combating Counterfeit Products Act), we wrote in March 2013 that Parliament had introduced a bill (Bill C-56) to amend the Copyright Act and the Trade-marks Act, to combat counterfeit...more

Foreign Marks Vulnerable in US

“Cancellable? Unenforceable? Why?” This is likely to be the reaction of most foreign owners of U.S. trademark applications and registrations, and of many of their U.S. counsel, when challenged by claims that the owner lacked...more

Trade-mark Oppositions: When “Close” becomes “Too Close” (Part 2)

There was considerable interest in our earlier post (Trade-mark Oppositions: When “Close” becomes “Too Close”) which reviewed the competing marks POMPURE vs. POM WONDERFUL for beverages, and the marks CAMILION vs. CAMÉLÉON &...more

Proposed Anti-Counterfeiting Bill Includes Wide Sweeping Changes to the Trade-marks Act

On March 1, 2013, the Canadian Government introduced Bill C-56, Combating Counterfeit Products Act. This Bill, which is being promoted by the Government as a means of reducing the presence of, and trade in, counterfeit goods...more

CAFC Scandalized By “Vulgar” Mark For Sweet Product

Today we address suggestive marks – “suggestive” as in meretricious, not as one of the measures of trademark strength. It was three strikes and you’re out for Ms. Marsha Fox, who in 2001 applied to register COCK SUCKER and...more

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