TradeMark Tools Inc. v. Miller Thomson LLP, 2016 FC 971
| Judge | McDonald, J. |
| Court | Federal Court (Canada) |
| Case Date | August 26, 2016 |
| Jurisdiction | Canada (Federal) |
| Citations | 2016 FC 971 |
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5 practice notes
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North Brewing Company Ltd. v. DLA Piper (Canada) LLP, 2023 FC 1188
...(Registrar of Trade Marks) (1987), 15 CPR (3d) 113, 1987 CarswellNat 629 (FCTD) at paras 3, 16; Trademark Tools Inc v Miller Thomson LLP, 2016 FC 971 at para 8, aff’d 2017 FCA [25] Accordingly, having regard to the TMA s 56(5), the Court may exercise any discretion vested in, and hen......
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Fasken Martineau Dumoulin LLP v. Gentec, 2022 FC 327
...as the consumer’s first impression, as a separate trademark, and Fasken argued that it did not (Trademark Tools Inc v Miller Thomson LLP, 2016 FC 971; Sim & McBurney v Harvey Woods Inc, 108 FTR 269 [Harvey Woods]; Mattel, Inc v 3894207 Canada Inc, 2006 SCC 22). [16] Fasken provided the ......
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Trademark Tools Inc. v. Miller Thomson LLP, 2017 FCA 98
...from the Bench at Toronto, Ontario, on May 9, 2017) PELLETIER J.A. [1] This is an appeal from a decision of the Federal Court, reported as 2016 FC 971, sitting on appeal from the registrar of Trademarks in a proceeding under s. 45 of the Trade-marks Act, RSC 1985 c. T-13. As the appellant d......
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Registrar's Decision Denying Third Request For Extension Of Time To File Evidence Upheld (Intellectual Property Weekly Abstracts Bulletin Week of August 29 )
...Registrar's decision denying third request for extension of time to file evidence upheld Trademark Tools Inc. v. Miller Thomson LLP, 2016 FC 971 The Court dismissed Trademark Tools' appeal of the Registrar's decision denying its third request for an extension of time to file evidence. Pursu......
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3 cases
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North Brewing Company Ltd. v. DLA Piper (Canada) LLP, 2023 FC 1188
...(Registrar of Trade Marks) (1987), 15 CPR (3d) 113, 1987 CarswellNat 629 (FCTD) at paras 3, 16; Trademark Tools Inc v Miller Thomson LLP, 2016 FC 971 at para 8, aff’d 2017 FCA [25] Accordingly, having regard to the TMA s 56(5), the Court may exercise any discretion vested in, and hen......
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Fasken Martineau Dumoulin LLP v. Gentec, 2022 FC 327
...as the consumer’s first impression, as a separate trademark, and Fasken argued that it did not (Trademark Tools Inc v Miller Thomson LLP, 2016 FC 971; Sim & McBurney v Harvey Woods Inc, 108 FTR 269 [Harvey Woods]; Mattel, Inc v 3894207 Canada Inc, 2006 SCC 22). [16] Fasken provided the ......
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Trademark Tools Inc. v. Miller Thomson LLP, 2017 FCA 98
...from the Bench at Toronto, Ontario, on May 9, 2017) PELLETIER J.A. [1] This is an appeal from a decision of the Federal Court, reported as 2016 FC 971, sitting on appeal from the registrar of Trademarks in a proceeding under s. 45 of the Trade-marks Act, RSC 1985 c. T-13. As the appellant d......
2 firm's commentaries
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Registrar's Decision Denying Third Request For Extension Of Time To File Evidence Upheld (Intellectual Property Weekly Abstracts Bulletin Week of August 29 )
...Registrar's decision denying third request for extension of time to file evidence upheld Trademark Tools Inc. v. Miller Thomson LLP, 2016 FC 971 The Court dismissed Trademark Tools' appeal of the Registrar's decision denying its third request for an extension of time to file evidence. Pursu......
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Intellectual Property Weekly Abstracts - Week Of May 15, 2017
...of the registered design mark Trademark Tools Inc. v. Miller Thomson LLP, 2017 FCA 98 This was an appeal of the Federal Court's decision (2016 FC 971) dealing with an appeal from the Registrar of Trademarks in a section 45 proceeding. The Federal Court had decided the question of use during......