Intellectual Property Weekly Abstracts Alert (Week Of August 1, 2011)

Edited by Chantal Saunders and Beverley Moore

OTHER CASES OF INTEREST

Trade-mark Expunged for Lack of Evidence of Use

Fraser Sea Food Corp. v. Fasken Martineau Dumoulin LLP

A trade-mark registration was expunged by the Registrar of Trade-marks for failure to file evidence in response to a notice requiring the trade-mark owner to show use of the trade-mark in Canada at any time during the preceding three-year period. The Applicant submitted new evidence to the Court in its appeal of the expungement. The Court noted that the bar to demonstrate use is low but that it is not sufficient to state that the trade-mark has been used, it must show that the trade-mark was used. The Court further noted that evidence of use can take the form of a single commercial transaction but this transaction must be genuine, bona fide and not undertaken to protect the trade-mark. The Court found the evidence to be inadequate and dismissed the appeal.