For the first time ever, Canada s Trademark Opposition Board
(
TMOB) has held that a depreciation of
goodwill claim can serve as a valid ground of opposition in
trademark opposition proceedings. In doing so, the TMOB has
arguably continued the recent trend in Canadian trademark
jurisprudence of expanding the application of the depreciation of
goodwill remedy (which is discussed in more detail in this Legal Update).
The depreciation remedy is codified in Section 22 of the
Canada s
Trademarks Act (the
Act),
which prohibits use of a trademark registered by another
person in a manner that is likely to have the effect of