TRADE-MARKS
Practice
Motion to strike applicant’s notice of application on grounds pleading not in form required by Federal Courts Rules, SOR/98-106 (as am. by SOR/2004-283, s. 2), s. 301(f)—Applicant commencing appeal by way of notice of application pursuant to Trade-marks Act, R.S.C. 1985, c. T-13, s. 56 seeking various relief, including order setting aside Registrar of Trade-marks’ decision rejecting opposition to trade-mark application—Although applicant’s pleading not containing “list of documentary evidence to be used at hearing of application” as required by Rules, s. 301(f), practice not mandating, requiring such specificity—Rigorous interpretation of r. 301(f) would be at odds with general scheme of Rules, Part 5, under which applicant having 30 days from date notice of application issued to marshal evidence, finalize affidavit evidence—Motion dismissed.
Simpson Strong-Tie Company, Inc. v. Peak Innovations Inc. (T-2245-07, 2008 FC 52, Lafrenière P., order dated 15/1/08, 3 pp.)