Liquid Glass Industries of Canada Ltd. v. Canada ( Registrar of Trade-marks )
T-667-93
Jerome A.C.J.
4/2/94
5 pp.
Application for certiorari quashing Registrar of Trade-marks' decision applicant's trade mark application for "Liquid-Glass" abandoned pursuant to Trade-marks Act, s. 38(6) -- Application for mandamus directing Registrar to allow extension of time to file and serve counter-statement in opposition proceedings initiated by respondent -- Applicant applied to register trade mark "Liquid-Glass" in 1991 -- Respondent filed amended statement of opposition -- Registrar granted applicant three-month extension to prepare counter-statement -- In 1992, applicant requested Chairman of Opposition Board require respondent to file further amended statement of opposition with appropriate interval to allow applicant's counter-statement -- Applicant's request refused in 1993 -- Registrar deemed applicant's trade mark application abandoned pursuant to Act, s. 38(6) for failure to file, serve counter-statement -- In exercising discretion under Act s. 47, Registrar under duty to act fairly -- Registrar not considering circumstances surrounding applicant's request for extension of time -- Applicant not treated in fair, just manner -- Applicant unaware of Opposition Board policy requiring applicant having difficulty in replying to ground of opposition to seek clarification from opponent on its own or to raise objection in counter-statement, until after request for extension of time in 1992 -- Failure of officials of Trade-marks Office to inform applicant of important policy, practice procedures justifying grant of extension of time -- Applicant effectively denied hearing before Trade-marks Opposition Board, contrary to principles of fairness, justice -- Application for certiorari allowed, decision of Registrar deeming applicant's trade mark abandoned set aside -- Application for mandamus allowed -- Trade-marks Act, R.S.C., 1985, c. T[ib]-13, ss. 38(6) (as am. by S.C. 1993, c. 15, s. 66(1)), 47.