Survey evidence can be used in trademark disputes to establish consumer perception and brand power. A recent Federal Court decision provides guidance on factors that may influence the.
In Promotion In Motion Inc. v Hershey Chocolate & Confectionery LLC, 2024 FC 556, the applicant PIM Brands appealed the Trademarks Opposition Board s refusal to register trademark applications for SWISSKISS and SWISSKISS & Design covering Chocolate of Swiss origin. Hershey Chocolate & Confectionary LLC had successfully opposed registration of PIM s applications based on its own prior registrations for KISSES and KISS, covering solid chocolate candy with or without ingredients such as nuts and chocolate candy.
In 2023, the Federal Court of Canada released its decision in Energizer Brands, LLC and Energizer Canada Inc. v. Gillette Company (2023 FC 804). The decision clarifies some of the laws.
2023 was an active year in Canadian trademark law. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding. Notable changes also.
Section 22 of the Canadian Trademarks Act prohibits the use of a registered trademark “in a manner that is likely to have the effect of depreciating the value of the goodwill attaching.