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Mai 26, 2015
Timothy Stevenson, Smart & Biggar, Canada
First published on Mondaq

Canada: Federal Court Of Appeal Confirms Registrability...


Timothy Stevenson, Smart & Biggar, Canada, First published on MondaqA May 1, 2015 decision of the Canadian Federal Court of Appeal, Rothmans Benson & Hedges Inc v Imperial Tobacco Products Limited, 2015 FCA 111, has affirmed the principle that, in Canada, a single colour applied to the surface of an object, including product packaging, is capable of being registered as a trademark. This decision relates to two trademark applications filed by Imperial Tobacco Products Limited (“Imperial Tobacco”) for the colour orange applied to cigarette packages in 2-dimensional and 3-dimensional forms. The designs applied for read more