Markwell Clarizio LLP

#trademark

Federal Court Finds Flaws in Online Survey Evidence and Reminds About Descriptive Certification Marks

The Federal Court (Tsimberis J.) dismissed an appeal by Promotion in Motion, Inc. (“PIM”) from a Trademark Opposition Board (“Board”) decision refusing PIM’s applications to register its SWISSKISS mark and SWISSKISS & Design mark in association with “chocolate of Swiss origin”. Hershey Chocolate & Confectionary LLC (“Hershey”) successfully opposed PIM’s applications based on Hershey’s registered […]

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Samsung and Biogen Enjoined From Using BYOOVIZ Trademark for their Biosimilar in Canada

The Federal Court (per Pallotta J.) held that Biogen’s and Samsung’s use of the mark BYOOVIZ in association with an ophthalmologic drug infringes Novartis’s trademark registration for BEOVU, and granted a permanent injunction preventing further use of the mark. Novartis v Biogen 2024 FC 52 Novartis is the owner in Canada of a trademark registration

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