TRADE MARKS |
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Supershuttle International, Inc. v. Canada (Registrar of Trade-marks)
T-111-00
2002 FCT 426, McKeown J.
12/4/02
11 pp.
Appeal from decision of Registrar of Trade-Marks refusing application to register trade-mark "Supershuttle" based on proposed use in Canada, foreign use and registration in United States in association with airport passenger ground transportation services--Applicant, Supershuttle International, Inc., owner of application No. 777,875 for trade-mark "Supershuttle" in Canada--Providing airline passengers with ground transportation to and from airports, homes--On January 28, 1997, applicant amended application to claim benefit of Trade-marks Act, s. 14(1)(b)--Whether Registrar erred in finding applicant had not discharged onus under Act, s. 14(1)(b)--Applicant did not have to submit proof of substantial spillover advertising in Canada--Act, s. 14(1)(b) only requiring applicant to show mark "not without distinctive character" in Canada--By including phrase "not without distinctive character" in s. 14(1)(b), Parliament set lower distinctiveness threshold for s. 14 than for s. 12--Applicant established trade-mark in Canada not without distinctive character having regard to all circumstances of case, including 20 years it has been used in United States--Applicant introduced evidence of spillover advertising into Canada--All evidence presented by applicant met onus mark not without distinctive character in Canada--Appeal allowed--Trade-marks Act, R.S.C., 1985, c. T-13, ss. 12 (as am. by S.C. 1990, c. 20, s. 81; 1994, c. 47, s. 193), 14 (as am. idem, s. 194).