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ARTICLE · 17 SEPTEMBER 2018

Is It "Common Sense" That "Hotel Services" Requires A Bricks And Mortar Hotel In Canada?

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There is a new ray of hope for trademark owners with registrations covering hotel services, but without a "bricks and mortar" hotel in Canada.

CanadaMedia, Telecoms, IT, Entertainment
Meghan Dillon
Meghan Dillon
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There is a new ray of hope for trademark owners with registrations covering hotel services, but without a "bricks and mortar" hotel in Canada. The prevailing trend over the past several years has been that trademarks covering "hotel services" could not be maintained in Canada in response to summary non-use cancellation proceedings, unless there was a bricks and mortar hotel in Canada. However, the September 7, 2018 decision of the Federal Court in Hilton Worldwide Holding LLP v Miller Thomson, 2018 FC 895 ("Hilton") has not followed that trend, reversing the Registrar's decision to expunge the world-famous Hilton hotel chain's registration for the trademark WALDORF-ASTORIA for "hotel services".

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