Standard of Review For Appeals From The Trademarks Opposition Board in Canada


November 04, 2020

This article, originally published in the September/October 2020 issue of IP Litigator magazine, looks at the revised the standard of review for appeals from various administrative boards in Canada, including from the Trademarks Opposition Board. Read about it here.


Newsroom Articles

Quebec Publishes Draft Regulations Under the Charter of the French Language

Anthony Prenol


On January 10, the Quebec government published for consultation its long-awaited draft regulations (the “Draft Regulations”) under provincial legislation, the Charter of the French language (the “Charter”). The consultation period ends on February 24.

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Does Your Trademark Have the Wrong Swag? Describing Goods and Services in Canadian Trademark Applications

Antonio Turco

Dori Walton


The Canadian Intellectual Property Office requires an applicant for a trademark registration to describe its goods and services in "ordinary commercial" terms. However, what is an “ordinary commercial” term is not always easily discernable.

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Choose Your Own Source: Adding A Trademark to Someone Else’s Goods

Antonio Turco


In a recent decision arising from an appeal of a decision of the Trademarks Opposition Board, the Federal Court commented on when a retailer can establish use of a trademark on goods when the retailer is not the “source” of the goods. Specifically, if a retailer simply affixes its own trademark to goods manufactured by a third party, does that constitute use of the retailer’s trademark in association with those goods.

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