- Court Of Appeal Upholds Trial Judge's Finding of No Use of the Registered Design Mark
- June 6, 2017 | Authors: Jillian Brenner; Adrian J. Howard; Beverley Moore; Chantal Saunders
- Law Firm: Borden Ladner Gervais LLP - Ottawa Office
Trademark Tools Inc. v. Miller Thomson LLP, 2017 FCA 98
This was an appeal of the Federal Court's decision (2016 FC 971) dealing with an appeal from the Registrar of Trademarks in a section 45 proceeding. The Federal Court had decided the question of use during the relevant period at first instance. The Federal Court concluded that the use of the registered design mark had not been shown because the goods with which the design mark was used were not within the goods described in the registration.
The Court of Appeal was not persuaded that the Federal Court committed any palpable and overriding errors and therefore, dismissed the appeal.