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Thursday, February 2nd, 2012
We are following up on a blog we posted in 2011 reporting that Target Brands Inc., the U.S. retailer, was refused an interlocutory injunction in its continuing battle with owner of the Canadian trade-mark registration for TARGET.
The U.S. retailer has plans to open in Canada beginning in 2013. However, the owner of the Canadian trade-mark registration, such ownership dating back to 2002, had begun operating a series of stores in 2010 Canada. The ongoing battle has been commented on frequently as an example of the importance of policing key trademarks in foreign jurisdictions.
The Globe and Mail is reporting on February 2, 2012 that a settlement has now been reached. The details are not known, but it is suggested that the settlement may be worth millions of dollars to the Canadian owner, who must cease all use of the TARGET trademark by January 31, 2013.
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Update on Postal Strike – CIPO’s processing of outgoing mail
Thursday, June 9th, 2011
As an update to this story, CIPO has provided further guidance as to how it will handle outgoing mail during the postal strike.
CIPO will assess outgoing correspondence on a daily basis and will send essential date-sensitive correspondence via courier. Additionally, correspondence and other documents with respect to opposition proceedings will be sent either by courier or facsimile. It appears that trademark owners or their agents may also arrange for a pick-up service by sending a written request to CIPO.
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Not Going Postal
Friday, June 3rd, 2011
The Canadian Union of Postal Workers has announced a rotating postal strike in Canada. If the Union and Canada Post do not reach an agreement, it is likely that the strike will escalate. A full strike will mean that mail will not be delivered in Canada, including outgoing correspondence from the Canadian Intellectual Property Office (“CIPO”).
While CIPO has a policy to ensure that correspondence may be delivered to CIPO and its designated establishments throughout Canada, it does not have a policy or plans to deal with outgoing correspondence to trademark applicants/owners and their agents. Consequently, if the postal stike carries on for an extended period there may be some adverse consequences for trademark applicants/owners if they or their agents are not taking alternate or additional steps to monitor applications/registrations for any correspondence issued by CIPO with respect to same during the strike.
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