A Conclusion to the "Glen" Trademark Dispute
Continuing on an earlier story, the Supreme Court of Canada today dismissed the request for leave filed by the Scotch Whisky Association application to review the issue of confusion and the applicability of section 10 of the Trade-marks Act.
Glenora Distillers International Ltd. had sought to register the trademark GLEN BRETON in association with single malt whisky and the application was subsequently opposed by the Scotch Whisky Association, which took exception to the use of a "Glen" prefix in association with whiskies not distilled and/or originating from Scotland. While the Trade-marks Opposition Board rejected those arguments resulting in an application for judicial review accompanied by new evidence on the issue of confusion regarding the use of the "Glen" prefix in association with Scotch whiskies. In the result, the Federal Court directed the Registrar of Trade-marks to refuse the application - a decision which was later reversed by the Federal Court of Appeal. In light of today's decision the GLEN BRETON trademark application is now in a position for Allowance and subsequent registration in the Canadian Trademarks Office.
