TRADE-MARKS
Practice
Appeal from Federal Court’s ((2006), 47 C.P.R. (4th) 373) dismissal of motion to extend time to file notice of appeal from Registrar’s decision allowing registration of respondent’s trade-mark—Appellant’s timely request for extension of time within which to file statement of opposition overlooked—Now seeking to exercise right of appeal under Trade-marks Act, R.S.C., 1985, c. T-13, s. 56 after registration of trade-mark—S. 39(3) providing remedy for cases where trade-mark registration allowed without consideration of request for extension—Adequate alternate remedy justifying Federal Court refusing to exercise jurisdiction under Federal Courts Act, R.S.C., 1985, c. F-7, s. 18—Once trade-mark registered, can only be challenged on substantive grounds under s. 57—Since no remedy under s. 56, no need for extension of time to bring appeal—Appeal dismissed.
Sadu Singh Hamdard Trust v. Canada (Registrar of Trade-marks) (A-93-06, 2007 FCA 355, Pelletier J.A., judgment dated 2/11/07, 17 pp.)