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Cordon Bleu International Ltée v. Renaud Cointreau & Cie
T-1029-93
Rouleau J.
6/9/00
10 pp.
Appeal from Registrar of Trade-marks' decision striking out registration of trade mark "Cordon Bleu" pursuant to Trade-Marks Act s. 45--Cordon Bleu International Ltée manufacturing, selling and distributing various types of food and other products both at wholesale and retail--Appellant's president indicated trade mark "Cordon Bleu" used in Canada in normal course of trade in association with wares mentioned in registration, namely booklets and leaflets and recipes for preparation of sandwiches, canapés and hors d'oeuvres, before and at date of notice issued by Registrar--Registrar found evidence "vague" regarding use of trade mark in association with wares specified in registration--Concluded evidence provided in instant case, booklets and leaflets of recipes, only form of advertising used by holder to attract customers and increase sale of its Cordon Bleu products--Application of Hospital World Trade Mark, [1967] R.P.C. 595 (Pat. Off.) where publicity in journal published by plaintiffs, manufacturers of medical and surgical equipment, found not constituting "use" within meaning of Act--Free distribution of wares such as booklets and leaflets of recipes cannot be regarded as transaction involving transfer of property in or possession of wares in normal course of trade, such as to support application of presumption of Act, s. 4(1) and regard trade mark "Cordon Bleu" as used in association with wares--Appeal dismissed--Trade-Marks Act, R.S.C., 1985, c. T-13, ss. 4, 45 (am. by S.C. 1993, c. 44, s. 232; 1994, c. 47, s. 200).