Canada Court Rules Official Marks Unenforceable Against Unregistered Trademarks

摘要

While some in the legal community have questioned the privileged position given under Canadian trade-mark law to official marks, the proof of use of such marks is not without some difficulties as this decision illustrates. Any public authority who requests that public notice be given of its adoption and use of an official mark should make sure to adequately document the display of its mark as an official mark before it presents its application to the Registrar. Should this documentation be defective in any way, it might find itself licking its wounds as in the present case. On October 2, 2014, the Kitasoo Band Council filed a Notice of Appeal before the Federal Court of Appeal (file A-436-14) against the court's decision.