Another Strong Win By MBM

EMPRESA CUBANA DEL TABACO TRADING ALSO AS CUBATABACO v. SHAPIRO COHEN and THE REGISTRAR OF TRADE-MARKS

This was an appeal from two decisions of the Registrar of Trade-Marks expunging two Cohiba cigars trade-marks.

The Court concludes that:

1. The new evidence submitted by MBM would have materially affected the Registrar’s decision with respect to whether the use of the COHIBA trade-mark for the sale of cigars and cigarillos constitutes use of “manufactured tobacco for smoking and chewing” as listed in the COHIBA trade-mark statement of wares;

2. Cigars and cigarillos are “manufactured tobacco for smoking or chewing” and therefore fall within this general class in the statement of wares for the COHIBA trade-mark registration;

3. The new evidence before the Court would have materially affected the Registrar’s decision with respect to whether the COHIBA and COHIBA & DESIGN trademarks were used by the applicant; and

4. The applicant demonstrated to the Court its control over the character and quality of the cigars and cigarillos sold in Canada so as to constitute use by the applicant of the COHIBA and COHIBA & DESIGN trade-marks in Canada.

Decision:
For these reasons, the Court allows the appeals with respect to the Registrar’s decisions to expunge the COHIBA & DESIGN trade-mark with regard to “cigars and cigarillos”, and the COHIBA trade-mark with regard to “manufactured tobacco for smoking and chewing”.

Read the full decision here

Submit to DiggSubmit to FacebookSubmit to Google BookmarksSubmit to StumbleuponSubmit to TwitterSubmit to LinkedIn

cb photo 91 561829f6d3c22

DR. SUZANNE HOF

Patent Agent


Suzanne focuses on the drafting and prosecuting of biochemical, pharmaceutical, chemical as well as cleantech and green technology patents.MBM read_more_btn

 

MBM logo

About MBM

 The process of invention is complete only with the IP protection provided in law. That's where MBM comes in. We match our clients' creative thinking with the creative protection needed to achieve their goals.Read More About MBM

Methods of Medical Treatment in Canada

Claims directed to methods of medical treatment are considered to be directed to non-statutory subject matter...Read More