THE FEDERAL COURT CHALLENGES A PRACTICE OF THE REGISTRAR OF TRADEMARKS: In Effigi Inc. and Attorney General of Canada, 204 FC 1000, the Federal Court of Canada ruled that the Registrar of Trademarks did not have jurisdiction, at the level of examination of a trademark application, to reject the application merely on the basis that, subsequent to the filing of that application, a third party had filed an application for registration claiming a date of use of its trademark prior to the date of filing of the first application.

type Intellectual Property Information Bulletin - January 2005