Word Mark Doesn't Extend to Distinctive Graphic Elements, Canada Appeals Court Rules

摘要

A recent decision by Canada's Federal Court of Appeal provides guidance on the scope of protection granted by the registration of a word trademark (Domaines Pinnacle Inc. v Constellation Brands Inc., 2016 FCA 302). As previously reported here, Canada's Federal Court had allowed in 2015 an appeal against a decision by Canada's Trade-marks Opposition Board. The board had rejected an opposition by the owner of the trademark "Pinnacles" against an application for registration of a design trademark that included the words "Do-maine Pinnacle." The Federal Court of Appeal has reinstated the Opposition Board's decision, reversing the Federal Court.