Bad Faith Trademark Applications

A recent decision of the Federal Court affirmed the Trademarks Opposition Board's decision to allow an opposition as a result of bad faith on the part of the applicant.

The Facts

Julia Wine Inc. ("the Applicant") is a Quebec company that sells affordable wines to large retailers. On August 19, 2009 the Applicant filed three trademark applications for the trademarks IRRESISTIBLES, PRESIDENT'S CHOICE and COMPLIMENTS in association with wines.

Les Marques Métro, S.E.N.C. ("the Respondent") owns the trademark IRRESISTIBLES, although it had not obtained a trademark registration for the mark in 2009. The Respondent used the trademark in association with more than a thousand food products of all kinds, including juices, sparkling water, sparkling juices, wine vinegars and related items. In the past, the Respondent's predecessor had marketed a beer in association with the IRRESISTIBLES mark.