Foreign Public Authorities Beware: Official Mark Declared Invalid in Canada

摘要

This case aptly illustrates that the range of entities that may have once enjoyed the substantial benefits of an official mark has been considerably narrowed. For trademark owners facing difficulties in obtaining trade-mark rights due to official marks involving foreign public authorities, challenging the latter's public authority status may prove fruitful. On the flip side, entities seeking to claim public authority status in relation to official mark requests may wish to evaluate whether they can satisfy the more stringent test of significant control by a Canadian government.