The Federal Court has confirmed that professional designations may function as certification marks, provided the professional designation meets the criteria for certification marks set out in the Trade-marks Act.
The Federal Court has confirmed that professional designations may function as certification marks, provided the professional designation meets the criteria for certification marks set out in the Trade-marks Act.
In Ontario Dental Assistants Association v Canadian Dental Association, 2013 FC266, the court considered an appeal of an Opposition Board decision rejecting an application for registration of the certification mark ‘CDA’, filed by the Ontario Dental Assistants Association (ODAA).
ODAA used the mark to identify dental assisting services of an identified standard, ie, performed by ODAA members in good standing who had passed the requisite certification examinations approved by ODAA. The application, which was based on use in Canada since 1965, was successfully opposed by the Canadian Dental Association (CDA), which used the same acronym to identify itself and its services. The Opposition Board allowed the opposition on the basis that:
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trademarks, Federal Court, Canada, SCA, Supreme court of Canada
