This list is automatically generated from public sources and is not guaranteed to be accurate or comprehensive. Canadian Wikipedia case database BETA, by IP Law in Canada last updated This list is automatically generated from public sources and is not guaranteed to be Pizza house menu Repentigny or comprehensive.
GlaxoSmithKline Inc. Pharmascience Inc. The medicine at issue is rosiglitazone, a derivative of a class of compounds known as thiazolidinediones TZD. It is used to treat diabetes. The Respondent Pharmascience Inc.
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The Applicants seek an order prohibiting the Respondent Minister of Health from issuing a Notice of Compliance to Pharmascience which would otherwise permit it to sell that generic version in Canada until the expiry of Canadian Patent No. In assessing costs, including expert fees and disbursements guidance is to be taken from what I said at paragraphs to in Bristol-Myers Squibb Filipina girls in Peterborough Co.
Two counsel, if present, one senior and one junior, in conducting cross-examination, may Escorts in williston Granby taxed. Only one Canada visa for Jonquiere girlfriend, a senior, is allowed in defending a cross-examination.
No costs are allowed for other lawyers, in house or out house, students, paralegal Gay Etobicoke websites clerical persons. I have tried to limit those fees with regard to having rates and capping these at the rate charged by senior counsel. Fees, of course, may be calculated by multiplying the rate times of hours, thus one can avoid the hourly fee cap by increasing the hours.
This is not what I intend. What I propose here is that the fees be allowed to one particular expert shall not be disproportionately large when compared to the fees charged by any other expert for any other party. In this case, I have not found any particular expert to be Taos massage Richmond Hill more helpful, or put another way, more valuable than. Apotex is free to pay its experts whatever has been agreed upon but V online Delta does not entitle those fees to be taxed at such a rate.
I have therefore left the matter Canada visa for Jonquiere girlfriend be considered by counsel on the basis that no fee shall be allowed that is disproportionately large. McClelland, Langer and Cima. No fees are allowed for experts or others who may have been retained by Apotex or by these named experts to assist. The application is allowed; 2. The Applicants are entitled to costs on the basis as set out in the Reasons. Hughes" Judge.
Yoplait Marques Internationales Macedonian dating sites Canada. Wares  In its initial application for registration, the Applicant disclaimed the right to the exclusive use of "L.
CASEI" apart from the trade-mark. However, when it filed an amended application for registration on October 29,in response to an examination report dated November 22,regarding the description of some of the wares, the Applicant withdrew the disclaimer in question. On June 11,the Applicant filed a counter statement denying all of the grounds of opposition described.
Thus, the criterion of length of time that the marks at issue have been in use favours neither of the parties. The fourth ground of opposition is therefore also dismissed.
Conclusion  Pursuant to the authority delegated to me under subsection 63 3 of the Act, I reject the Opponent's opposition pursuant to subsection 38 8 of the Act. Coastal Trademark Services v. The Mark is shown below:  The Mark is registered in association with: services rendered to motor vehicle Sunshine massage Charlottetown del mar, Canada visa for Jonquiere girlfriend and travelers generally, namely: 1.
If the mark has not been used during that time period then the registered owner is required to indicate the date on which it was last used and the reason why it has not been Saguenay therapeutic massage reviews since that date.
The onus on a registered owner under s. Cinnabon, Inc. Evidentiary overkill is not required [Union Electric Supply Co. Registrar of Trade-marks63 C. Also, the purpose of s.
In addition, no special circumstances have been put forward to excuse the lack of Massage place Saint-Jerome in association with such services. The following specific services Escort Sherbrooke girl therefore be deleted from the registration: recovering stolen motor vehicles; apprehending motor vehicle thieves Saint John slut milf hit and run drivers; offering rewards for information leading to arrest and conviction of members' automobiles; obtaining motor vehicle plates and title certificates; conducting motor vehicle trials and endurance tests; Port Sherwood Park singles school safety patrols; conducting traffic and pedestrian safety campaigns giving traffic safety lesson; advocating legislation favorable to safe and economical motor vehicle travel, operation and maintenance; making tests Welland ms escort service automotive and related products, adjusting and collecting damage claims; financial services including time deposits, investment counseling services, Metro Niagara Falls escorts loan services; reimbursement for legal services.
Disposition  Pursuant to the authority delegated to me under s.
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The Mark is registered in association with: services rendered to motor vehicle owners, motorists and travelers generally, namely: 1. The following specific services will therefore be deleted from the registration: recovering stolen motor vehicles; apprehending motor vehicle thieves and hit and run Pornostar Okanagan offering rewards for information leading to arrest and conviction of members' automobiles; obtaining motor vehicle plates and title certificates; conducting motor vehicle trials and endurance tests; sponsoring school safety patrols; conducting traffic and pedestrian safety campaigns giving traffic safety lesson; advocating legislation favorable to safe and economical motor vehicle travel, operation and maintenance; making tests of automotive and related products, adjusting and collecting damage claims; financial services including How to attract a Oshawa man deposits, investment counseling services, auto load services; reimbursements for legal services.
Disposition  Pursuant to the authority delegated to me under s.
Chanel S. Declaration of Use filed December 28, on Sarnia gay net 2. Registrability Recognized under Section 14 of the Trade-marks Act on wares 123. Declaration of Use filed April 06, on wares 4.
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Declaration of Buddy guy Moncton 2017 filed March 22, on wares 5. Declaration of Use filed September 04, on wares 6. Declaration of Use filed February 18, on wares 7 and on services.
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The grounds of opposition can be summarized as follows: 1. The application does not conform to the requirements of s. T the Act in that the Applicant could not state in his application that he was satisfied that he was entitled to use the Mark in association with the Wares in light of the facts set out below; 2.
The Mark is not registrable having regard to the provisions of s. The Applicant is Kannada free sex in Canada the person entitled to registration of the Mark having regard to the provisions of s.
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The Mark is not distinctive within the meaning of s. Remaining Grounds of Opposition  As I have already refused the application under two grounds, I will not address the remaining grounds of opposition. Disposition Game sexs Châteauguay In view of the foregoing and pursuant to the authority delegated to me under s.
The statement of wares currently re: " 1 Distilled spirits, namely vodka, gin Mexican dating sites Belleville tequila 2 ice cream", the "Wares". The statement of opposition was amended on January 29, and June 9, The Opponent pleaded grounds of opposition under s.
T the Act. The Applicant filed and served a counter statement in which it denied the Opponent's allegations. The Applicant filed the affidavit of Robert Victor Marcon in support of its application.
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As outlined above, the Opponent has met this burden. Based on the evidence filed, the Mark is confusing with the Opponent's trade-mark and because the difference in Canada visa for Jonquiere girlfriend dates does not affect my analysis, the non-distinctiveness ground of opposition succeeds. The respective Marks are displayed below: Application No: 1, Application No: 1,  Each application covers the following services: Operation of supermarkets selling all manner of food, household supplies and small wares, counselling and assisting others in all phases of the operation of Latin Sarnia stores selling all manner of food, household supplies and small wares.
Both applications were advertised for opposition purposes on October 13, Canada spa Brossard Applicant provides at least two sample guides for each year dating from March until November Exhibit 7 of the Baril affidavit.
Further, paragraphs 4 to 6 of the Baril affidavit describe what would be the normal course of trade by elaborating on the phases of operation the Applicant is Sex show Mississauga Canada in.
He states that his department in the applicant company works with storeowners "from the beginning of the planning stages until the store is fully operational". This includes new, relocated and renovated Massage Langley 6.
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I do not find this explanation by Mr. Baril to be inconsistent with the notion of "all phases of operation". Further, Canada visa for Jonquiere girlfriend does not appear that the marketing guides provided by the applicant are limited to only one phase of store development and operation, as opposed to "all phases" as the application claims. In fact, on a fair reading of the Baril affidavit, these marketing guides could be used to counsel and assist storeowners at any stage of store development: whether it is setup of promotional displays in Waterloo creek massage of a new store opening or at an existing store.
In the absence of evidence by the Opponent to the contrary Sex Kingston shemale I note that the Opponent did not take advantage of its ability to cross-examine Mr.
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BarilI find the Applicant's evidence on this category of service consistent with continuous use of the Marks since March 3 and 31, Disposition Canada visa for Jonquiere girlfriend In view of the foregoing, and pursuant to the authority delegated to me under s.
Maple Leaf Foods Inc. Sauces namely salad sauces, soy sauce, spaghetti, fruit sauces, Hook up apps in Kelowna sauce, tomato sauce, apple sauce, artichoke sauce, barbecue sauce, Dating south east Langley sauce, chili sauce, cranberry sauce, hot sauce, pizza sauce, ketchup, mustard, mayonnaise; vinegar, spices; bread, pastries; cereal preparations for alimentary purposes.
The issue therefore is one of likelihood of confusion. The same criteria mentioned ly would be used to determine if the Mark is apt to distinguish the Wares from the wares of the Opponent. I come to the same conclusion reached under the registrability of the Mark, namely that the Mark is not adapted to distinguish or would not distinguish the similar wares from the Opponent's meat products.
However the Mark would be distinctive in so far as the non-similar wares are concerned as there would be no likelihood of confusion between the parties' respective marks for those wares. The same conclusions as those reached under registrability and distinctiveness would apply. Matol Biotech Laboratories Ltd. Jurak Holdings Ltd.
Shemales south Norfolk County  Matol Biotech Laboratories Ltd. It was successfully opposed in its endeavour by Jurak Holdings Ltd. Holdings principally on the grounds the Mark was not registrable under Markham chat with girls 12 1 a and had not become distinctive under subsection 12 2 of the Act.
Those provisions read: Matol took advantage of subsection 56 5 of the Act by filing three pieces of evidence which were not before the tribunal.
Holdings did not file any additional or fresh evidence. First, whether the tribunal erred when it found Holdings had met its initial evidentiary burden before it shifted to Matol the evidentiary burden.
Second, whether, based on the new evidence before me, the Mark whose first use was said to be October 31, in association with Namibian prostitutes in Lethbridge Wares had become distinctive so as to claim the benefit of subsection 12 2 of the Act.