Jack Black L.L.C. v. Canada (Attorney
General), 2014 FC 664 Health Canada has published the Therapeutic Products Directorate Statistical
Report 2013/2014. The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
Trademark Cases
Registration for JACK BLACK allowed on appeal
The applicant for the registration of the trade-mark JACK BLACK
has won before the Federal Court. The application is for wares
relating to personal care and grooming products, including lotions
and skin preparations, shaving gels and deodorants, among others.
The mark was found to have been used in Canada since January
2002.
No objection has ever been raised by anyone named Jack Black, but
the Registrar of Trade-marks had made that objection on its own
initiative, stating that "Jack Black is an internationally
renowned actor, comedian and musician." The applicant argued
that in 1999, when the mark was adopted in the USA, the actor did
not have significant prominence or public reputation.
The Court decided that the issue can be dealt with under paragraph
9(1)(k) of the Trade-marks Act. The Court found that there was no
evidence in the case that showed a connection with the actor Jack
Black was intended. Indeed, the evidence was found to show the
opposite and it was tendered by the applicant without objection. In
the result, the appeal was allowed and the application
approved.Industry News
CIPO has announced a consultation on MOPOP Chapter 13:
Examination of Applications. The consultation is open until
August 1, 2014.