Mövenpick's "Marché & Wave" Trade-mark Withstands Richtree's Opposition Appeal

On September 15, 2016, Justice Boswell dismissed Richtree's appeal, pursuant to section 56 of the Trade-marks Act, from the decision of the Trade-marks Opposition Board that had rejected Richtree's opposition to a trade-mark application filed by Mövenpick.

In 2005 Richtree purchased the assets of Richtree Markets Inc. after it became insolvent. Prior to its insolvency, Richtree Markets Inc. operated Marché and Marcheline free-flow "market" style restaurants in Canada under license and franchise agreements with Mövenpick. On July 29, 2008 Mövenpick filed a trade-mark application for a "Marché & Wave" design. Richtree opposed the application on several grounds including that the proposed mark was not distinctive within the meaning of section 2 of the Trade-marks Act. The Trade-marks Opposition Board rejected Richtree's opposition in its entirety.