TRADE MARKS |
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Renaud Cointreau & Cie v. Cordon Bleu International Ltd.
T-972-93
Tremblay-Lamer J.
16/6/00
15 pp.
Appeal from Registrar of Trade Marks' decision upholding registration TMA 204 269 for brand name "Cordon Bleu" in register--Cordon Bleu International Ltd. business manufacturing, selling and distributing various types of food and other products--Notice issued by Registrar to respondent at appellant's request pursuant to Trade-marks Act, s. 45--Registrar concluded mark "Cordon Bleu" used at relevant date in association with services contemplated by registration--Act, s. 45 providing summary procedure for ridding Register of trade mark registrations fallen into disuse--As no definition in Act, "services" should be given broad and liberal interpretation--Filing of labels bearing trade mark with wording of recipes, suggestions and other instructive matter accompanied by receipts indicating sale of labeled products during relevant period constituting sufficient evidence to meet requirements of Act--Food product labels filed by respondent indicating use of "Cordon Bleu" trade mark in association with services listed in registration --Evidence filed by respondent showed sale of "Cordon Bleu" products having labels with recipes on them--Registrar made no error in concluding "Cordon Bleu" mark used in association with services mentioned in registration--Procedure to remove not proper means of challenging validity of registration itself--Appellant tried to use summary removal procedure to challenge "Cordon Bleu" trade mark in association with services listed in registration--Appeal dismissed--Trade-Marks Act, R.S.C., 1985, c. T-13, s. 45 (am. by S.C. 1993, c. 44, s. 232; 1994, c. 47, s. 200).