ALOPEX ADVISORS Trademark Infringement Case

ALOPEX ADVISORS Trademark Infringement Case

ALOPEX ADVISORS Trademark Infringement Case

ALOPEX ADVISORS, LLC v. ALOPEX GOLD INC. filed a trademark infringement case, court file number T-1833-17, on November 2017.

While it is too early to tell, it seems that ALOPEX ADVISORS will likely succeed based on their prior use of the Alopex head design in Canada since 2012, because of its priority based on use.

Stay tuned for case updates.

A search of the CIPO database for the word ALOPEX shows the following competing trademark applications:

 



 





The plaintiff, ALOPEX ADVISORS, LLC, filed its CIPO application no. 1859340 for the word “Alopex” based on proposed use in Canada on September 26, 2017, and their CIPO application no. 1856221 for an alopex head design on September 7, 2017, based on use since 2012.
Alopex head design in CIPO application 1856221

The defendant, ALOPEX GOLD INC., filed its CIPO application no. 1862472 for ALOPEX GOLD based on the following claims:

Nice class – Services
35 (1) Operation of a mining services business; Operation of a business specializing in the mining, extraction, and acquisition of diamonds, precious metals, precious stones and minerals
37 (2) Mining services; Mining operations; Mining of diamonds, precious metals and precious stones; Repair, maintenance and cleaning of equipment, machinery, tools and appliances for mining operations; Rental of mining equipment, including machinery, drills, appliances and utensils for mining; Rental of self-propelled machinery for use in mining operations; Providing information regarding the rental of equipment, machinery, tools and appliances for mining; Providing information regarding the repair, cleaning and maintenance of equipment, machinery, tools and appliances for mining operations
42 (3) Investigation of mines and minerals; Exploration for minerals; Classification of minerals; Research on mineral resources; Geophysical exploration of the mining industry; Feasibility studies for the extraction of minerals; Geophysical surveys for the oil, gas and mining industries; Conducting studies on the possibility of mineral extraction

ALOPEX GOLD Trademark Claims

Priority Filing Date: October 06, 2017, Country: DENMARK, Application
No: VA 2017 02213 in association with the same kind of services (2),
(3).
Used in CANADA since at least as early as February 2017 on services
(1).
Used in GREENLAND on services (2), (3).
Filed in DENMARK on October 06, 2017 under No. VA 2017 02213 on
services (2), (3).
Proposed Use in CANADA on services (2), (3).

David Michaels

David Michaels, J.D., B.Eng., CHRM is a trained attorney who holds certificates in Canadian Trademark Law (2012) and Canadian Patent Law (1996) from McGill University. He has worked in the area of trademark law in Canada since 1995 and in the USA since 1993.

David is a legal blogger, brand consultant, an eCommerce entrepreneur, and an aeronautical engineer.
http://ca.linkedin.com/in/davidtmichaels/

Warning & Disclaimer: The pages, articles and comments on trademarkpro.ca do not constitute legal advice, nor do they create any attorney-client relationship. The articles published express the author’s notes of the current state of trademark law and should not be attributed as opinions of the author, his employer, clients or the sponsors of trademarkpro.ca. The author does not warrant that these notes are up-to-date. Trademark law is constantly changing and it varies between jurisdictions and even within jurisdictions. This website should not be relied upon.

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