Representative Matters

City Water Successfully Defeats Opposition to VIRGIN WATER Trade-Mark

A newly constructed tidal turbine is made ready for deployment on the ocean floor.

Overview

City Water International Inc. was successful in defeating an opposition to its application for the registration of the VIRGIN WATER trade-mark in Canada. Virgin Enterprises Limited, part of the Richard Branson empire, opposed the registration of the VIRGIN WATER trade-mark alleging that a likelihood of confusion would arise due to the fame of its trade-marks in Canada.

The Canadian Intellectual Property Office’s Trademarks Opposition Board held that City Water’s proposed use of VIRGIN WATER for office water coolers and filtrations systems would not be confused with Virgin’s trade-marks for its radio, cellphone and other businesses in Canada, given the differences between their goods and services. City Water was previously successful in expunging certain of Virgin Enterprises’ trade-marks for non-use.

Ken Clark, co-leader of the A&B Intellectual Property Team, represented City Water.

A copy of the case decision can be found