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ARTICLE · 13 OCTOBER 2011

Intellectual Property Weekly Abstracts Bulletin - Week Of October 10, 2011

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Borden Ladner Gervais LLP

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This is an appeal from the decision of the Court, ordering the expungement of Archmetal's trade-mark registration.

CanadaIntellectual Property

Edited by Chantal Saunders and Beverley Moore

Other Cases of Interest

Expungement of Trade-mark Upheld

Archmetal Industries Corporation v. JAG Flocomponents N.A.

This is an appeal from the decision of the Court, ordering the expungement of Archmetal's trade-mark registration. The Court found that there were a number of reasons why expungement was justified. After setting out the standard of review, the Court of Appeal found that Archmetal was not the person who had first used or made known the trade-mark in Canada and therefore was not the person entitled to the registration.

Industry News

The Department of Health published proposed Regulations - Regulations Amending the Food and Drug Regulations (1470 - Non-Medicinal Ingredient Formulation). The changes relate to drugs regulated under Part C, Division 1 of the Food and Drug Regulations.

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