Restaurants Pacini Inc. v. Pachino's Pizza Ltd.
T-3149-92
Pinard J.
28/10/94
5 pp.
Appeal from decision by Chairman of Trade Marks Opposition Board dismissing opposition by Groupe Resto Inc. to application to register "Pachino's" trade mark and design -- Question whether appellant had right to file appeal at bar -- Groupe Resto Inc. filed statement of opposition to application for registration in question pursuant to Trade Marks Act, s. 38-Continued to be only opposant before Registrar-Mere fact appellant became holder of marks "Pacini" and "Pacini & Design" not sufficient to make it party within meaning of Act, s. 38 -- Right of appeal conferred by Act, s. 56 exceptional right-Only parties notified or informed of Registrar's decision have right to appeal it -- Fundamental distinction between right to institute statutory appeal and that of participating in ongoing appeal, whether as new party or intervener -- As appellant not party under s. 38 before Registrar, did not have right to bring appeal at bar -- Appeal dismissed -- Trade Marks Act, R.S.C., 1985, c. T-13, ss. 38, 56.