TRADE-MARKS
Expungement
Appeal from decision by Registrar of Trade-marks under Trade-marks Act, R.S.C., 1985, c. T-13, s. 45 maintaining registration of respondent, Scott Paper Limited in trade-mark “Vanity”—S. 45 notice forwarded to Scott requiring it to show use of trade-mark in preceding three years—Senior Hearing Officer (SHO) concluding no use of mark in 13 years—Also finding “registrant has provided evidence that qualifies as special circumstances excusing the non-use of trade-mark with paper products”—SHO erred in applying law to facts in finding three-year period of non-use due to deliberate decision of registrant could be “excused” for purposes of Act, s. 45(3) by reason of registrant’s intention to use it in near future—Decision not reasonable, not standing up to careful scrutiny—Appeal allowed.
Smart & Biggar v. Canada (Attorney General) (T-693-06, 2006 FC 1542, Strayer D. J., judgment dated 21/12/06, 9 pp.)