Oyen Wiggs Green & Mutala LLP ads

Trademark registrants take note! A recent decision from the Trademarks Opposition Board (“TMOB”) serves as a reminder of the importance of using your registered trademark as it is registered. In Gabriel Meets Apparel Inc. v Perry Ellis International Europe Limited, 2025 TMOB 201, a Section 45 summary expungement proceeding was initiated against Perry Ellis’ trademark registration. The trademark registration in question was for the design of Perry Ellis’ “Original Penguin” design (the “Registered Mark”). Perry Ellis filed evidence of use in association with certain goods in the registration. The design shown in Perry Ellis’ evidence showed use of a penguin design (the “Penguin Mark”) that differed from the Registered Mark. The Requesting Party argued that “the [Registered Mark] is a caricature of a penguin in a squat posture more akin to a baby penguin, while the [Penguin Mark] is a caricature of an elongated adult penguin…the head, beak, and limbs of the penguins in each design are turned in opposite directions.” The TMOB reviewed the law on trademark deviation and noted that “where the trademark as used deviates from the trademark as registered, the question to be asked is whether the trademark was used in such a way that it did not lose its identity and remained recognizable in spite of the differences between the form in which it was registered and the form in which it was used”. The TMOB concluded that “[w]hile the direction of the penguin’s head differs, the penguin’s head remains oriented in profile and, as such, I consider this difference to be minor” and that “any evidenced use of the [Penguin Mark] constitutes use of the [Registered Mark].” This case is a reminder that, despite some variation being permissible, trademark registrants should take care to use their trademark as registered to avoid loss of rights. A copy of the decision is available here - https://lnkd.in/gdubSczR If you have any questions about this ruling or other IP issues, contact our lawyers at https://lnkd.in/gqCH6C_W

Are you an innovator, inventor, or creator? Our patent lawyers have the knowledge and technical expertise to protect your intellectual property assets. Given our diversity of scientific and technical expertise, we have the experience required to work effectively with our clients to understand and protect their innovations. Contact our lawyers today to see how we can help you protect your future. patentable.com

Our lawyers know innovation. We help clients from entrepreneurs to multinational enterprises define and protect their intellectual property assets. With advanced training in science and engineering, our lawyers bring unparalleled insight into understanding and securing your inventions' value across various industries. Contact our lawyers today to help you to protect your future. patentable.com

A High-Stakes Dose: Supreme Court of Canada to Weigh in on Patenting Methods of Medical Treatments Attention, pharmaceutical companies and medical practitioners! The Supreme Court of Canada (“SCC”) is poised to revisit one of the most consequential issues in Canadian patent law in the medical industry: the long-standing prohibition on patents for methods of medical treatment. On 9 October 2025, the SCC heard arguments on the patentability of methods of medical treatment as a whole, and on the patentability of dosing regimes in particular. Stakeholders in the pharmaceutical, biotechnology, and healthcare industries would be well advised to monitor this case closely. Any changes to the patentability of methods of medical treatments or dosing regimes may necessitate reassessment of patent strategies in the healthcare sector. Click here for the SCC case information - https://lnkd.in/g6f8iKnE Contact our team at https://patentable.com/ #PatentLaw #IPLaw #SupremeCourtofCanada #MedicalMethods #BioTech #Pharma

Trademark Buyers, Take Note! The Federal Court of Appeal has confirmed that recent arms-length acquisitions can excuse non-use of a trademark — a big win for parties purchasing marks. Learn how the Centric decision brings clarity to “use it or lose it” rules and what it means for buyers navigating expungement risks. Read more at https://lnkd.in/gmuDKgbG #IntellectualProperty #Trademarks #IPLaw #CanadianLaw #FederalCourt

Attention - Patent Owners! The Federal Court of Appeal has doubled down on the strict application of the due care standard in two recent decisions — Taillefer and Matco Tools. From missed reminders in a junk folder to data migration errors, the message is clear: systems must be robust, and excuses won’t cut it. Read the full analysis: https://lnkd.in/gvcSHy-E #PatentLaw #IntellectualProperty #CanadianLaw #DueCare