Sound marks allowed in Canada
30 March 2012
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Eileen McDermott, New York
The Canadian IP Office has published a practice note indicating that it will now accept applications for sound trade marks
The notice comes after a 20-year battle between Metro-Goldwyn-Mayer Lion Corp and the Canadian registrar of trade marks over registrability of MGM’s famed lion’s roar. The Office had continually rejected the mark, saying that a sound mark cannot be depicted visually, and therefore could not comply with the drawings requirement of the Canadian Trade-marks Act.
MGM challenged the Office’s final office action at the Federal Court of Canada in 2010, but in February, Canada’s Department of Justice submitted a brief...
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