Archive for September, 2009
|CIPO Contemplating Changes – Extensions of Time in Examination
Wednesday, September 30th, 2009
The Canadian Intellectual Property Office (“CIPO”) today announced a new consultation regarding a proposed change in practice with respect to the granting of extensions of time in examination.
According to the draft practice notice, CIPO proposes to grant an applicant one extension of time up to a maximum of six months to respond to an examiner’s report, if the request is justified. Generally, no requests for further extensions of time will be considered.
Upon the expiry of 12 months from the date of the examiner’s initial report, requests for further extensions must provide significant substantive reason(s) to justify a further extension of time, and such reasons must set out why it is not possible to respond to the examiner’s report. If at the end of the 12-month period a response isn’t filed or CIPO does not consider the reasons provided justify a further extension of time, a default notice will be issued. If an applicant fails to file a response within the time specified in the default notice, the application will be deemed abandoned.
This proposed change is consistent with other recent changes that CIPO has introduced (as previously reported here) in attempting to streamline matters related to opposition proceedings and summary expungement proceedings by limiting the opportunities to obtain extensions of time.
Comments regarding this proposed change in practice may be submitted to CIPO (see contact details) by October 30, 2009.
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More Beer Brand Wars
Monday, September 21st, 2009
You can tell that it’s Fall up here in the Great White North. The weather is turning cooler, the NHL preseason is in full swing and another trademark battle between Canadian brewery icons Molson and Labatts has started.
A recent report indicates that Molson Coors Brewing Company has launched a lawsuit in Canada’s Federal Court against Labatt Breweries of Canada, claiming that the mountain imagery in new ads for Labatt Kokanee beer infringes the copyrighted images that Molson uses on its Coors Light beer products in Canada. Molson is reportedly seeking $10 million in damages.
For its part, Labatts says that mountain imagery has been part of its branding for four decades and that the new graphics feature the same Kokanee Glacier that the beer is named after.
Posted in Branding, Case Law, Protection & Enforcement | No Comments »
Limey! Another Beer Battle a-Brewing
Tuesday, September 1st, 2009
News today that another battle is brewing in Canada’s notoriously litigious beer industry: Waterloo’s Brick Brewing Co. Ltd.–makers of Canadian beer brands Laker, Formosa, Red Cap, Red Baron and Waterloo–has been sued by Anheuser-Busch Co. and Labatt Brewing Co. over its labels for its Red Baron Lime beer product.
In the suit filed August 28 in Federal Court, Anheuser and Labatt take umbrage with the promotional material for Brick’s Red Baron Lime product. In particular, they allege the labeling scheme used on Red Baron Lime products, including the use of the colours silver and green together with the depiction of a half a lime, will confuse consumers into believing there is a connection with their own Bud Light Lime product, whose label uses the colours green and white together with the depiction of a wedge of lime.
Additionally, Anheuser and Labatt have claimed that Brick’s promotional website for Red Baron Lime–located at lustforlime.com–will lead to consumers to believe there is a connection with the product and the promotional website for Bud Light Lime located at budlightlime.com. Both sites feature prominent use of the colour green and images of young people in swimsuits.
Posted in Branding, Case Law, Protection & Enforcement | No Comments »