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Trademark rights adrift: Abandonment and distinctiveness in Sea Tow v. C-Tow

By John McKeown ( October 30, 2026, 12:05 PM EDT) -- An abandoned trademark application may leave more than a gap in a brand’s history — it may undermine the owner’s ability to claim priority. The Federal Court of Appeal’s decision clarifies how abandonment affects trademark adoption and confirms that the same test for distinctiveness applies in opposition and expungement proceedings. (Sea Tow Services International, Inc. v. C-Tow Marine Assistance Ltd., 2025 FC 27 and costs at 2025 FC 355 appeal dismissed 2026 FCA 177.)...
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