TRADE MARKS |
Maple Leaf Meats Inc. v. Consorzio Del Prosciutto Di Parma
T-647-98
O'Keefe J.
28/11/00
17 pp.
Appeal from "decision" of Registrar of Trade-marks wherein public notice given of adoption, use of "Parma & Design" trade-mark as official mark by respondent, Consorzio Del Prosciutto Di Parma under Trade-marks Act, s. 9(1)(n)(iii)--Respondent consortium of approximately 210 Italian ham producers from province of Parma in Italy--Appellant producer of various food products, including ham products--Owner of registered trade-mark "Parma" , first used by appellant in 1960s--Appellant seeking declaration consortium not public authority, public notice void, of no force and effect--Whether appellant had right of appeal under Act, s. 56--Under Act, s. 9(1)(n)(iii), no opportunity for representations by persons opposed to publication thereunder--Appellant not party to proceedings before Registrar--Present case appeal by third party purportedly affected by publication--That right of appeal granted by s. 56(1) not limited to any person not meaning any person can file notice of appeal--Appellant not having standing to pursue appeal under Act, s. 56(1), of Registrar's decision to publish official mark of respondent under Act, s. 9(1)(n)(iii)--Judicial review, application for extension of time should be fully argued with proper evidence before Court--Decision with respect to unavailability of appeal not serving to bar appellant from making application for extension of time to file judicial review application, to make motion to convert appeal to judicial review--Appeal dismissed--Trade-marks Act, R.S.C., 1985, c. T-13, ss. 9 (as am. by S.C. 1990, c. 14, s. 8; 1993, c. 15, s. 58; c. 44, ss. 226, 236(1)(c),(d); 1994, c. 47, s. 191), 56.