Federal Court of Canada defines its jurisdiction over registered and unregistered trademarks
By Scott Foster
The Federal Court of Canada recently confirmed the scope of its jurisdiction over registered and unregistered trademarks as follows:
- The court has jurisdiction to decide ownership of unregistered trademarks;
- The court has jurisdiction to expunge, vary, or rectify registered trademarks on the Trademarks Register; and
- The court does not have jurisdiction to determine entitlement to registration of a trademark under the Trademarks Act as this is the exclusive domain of the Registrar of Trademarks.
