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.
Wanakome Inc. v. Martin, 2024 FC 688
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