Article “Marks that are a “place of origin” interpreted broadly by the Federal Court” published in WTR Daily
Tamara Céline Winegust and Scott MacKendrick coauthored the article “Marks that are a “place of origin” interpreted broadly by the Federal Court” published in WTR Daily.
Under Section 12(1)(b) of the Canadian Trademarks Act, a trademark is not registrable if it is “either clearly descriptive or deceptively misdescriptive” of the “place of origin” of the goods or services.
In considering this language in relation to the mark NORTH 42 DEGREES, Justice Aylen of the Federal Court determined that “the term ‘place of origin’ should be interpreted to refer to any geographical designation”, including lines of latitude and longitude (Nia Wine Group Co Ltd v North 42 Degrees Estate Winery Inc (2022 FC 241)).
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This article was republished by WTR Daily in April 2022.
