Canadian cheese producers have prevailed in the long-running battle over HALLOUMI, defeating an application by the Ministry of Commerce, Industry and Tourism of the Republic of Cyprus to register HALLOUMI as a certification mark. The Opposition Board’s refusal was upheld by the Federal Court and the Federal Court of Appeal, and an application for leave to appeal to the Supreme Court has now been turned down.
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In Canadian Dental Assn v Ontario Dental Assistants Assn, the Trademarks Opposition Board has followed a 1988 Federal Court decision holding that professional designations cannot be registered as certification marks. Among other things, the board found that the term ‘CDA’ served “only to distinguish the individuals using the mark as being certified dental assistants, rather than functioning to distinguish the services offered by these individualsâ€�.
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The IP High Court has affirmed a trial decision of the Japan Patent Office in which the latter had upheld the rejection of an application to register KITAKATA RAMEN as a special collective trademark. The court ruled that the mark could not be recognised as having become well known among consumers as indicating the services connected with the plaintiff’s business or that of its members.
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