New Case Law Impacts Interpretation Of "Use" In Canada With Hotel Services

The recent decision in non-use proceedings, in Bellagio Limousines v. Mirage Resorts Inc.¹ adds a new wrinkle to issues of trademark use for hotel and travel-related services in the absence of a physical location in Canada. In addition, the decision suggests that the Trade-marks Opposition Board (the Board), in both opposition and non-use proceedings, will take a close look at the nature of services offered in Canada (including retail store services) when the primary contact with consumers is via the Internet.

At issue was whether there was use of two trademark registrations owned by Mirage Resorts Incorporated (MRI) relating to the Bellagio Hotel in Las Vegas. One registration covered: