TRADE-MARKS
Expungement
Appeal under Trade-marks Act (Act), R.S.C., 1985, c. T-13, s. 56 of Registrar of Trade-marks’ decision expunging trade-mark “Tint King” under s. 45 of Act—Widow of trade-mark’s owner becoming aware of expungement after the fact as owner recently deceased—On appeal, s. 45 requiring registered owner to provide evidence of use regarding wares or services specified in registration—Basic principles in s. 45 non-use cases reviewed—As executor, widow entitled to submit affidavit evidence, file supplemental affidavit under Federal Courts Rules, SOR 98-106, r. 312—Applicant providing evidence of use of mark only respecting services listed in register, not wares therein—Appeal allowed in part.
Tint King of California Inc. v. Canada (Registrar of Trade-marks) (T-588-06, 2006 FC 1440, Russell J., judgment dated 28/11/06, 22 pp.)