John Labatt Ltd. v. Molson Breweries
T-2148-91
Rouleau J.
16/12/92
7 pp.
Application for order expunging respondent's trade mark "Molson Stock Ale" & Design under No. TMA 161,355 -- Applicant arguing abandonment of mark, or if mark in use, not bona fide use -- Respondent also recorded as owner of trade mark "Molson Stock Ale" & Design registered under No. TMA 300,903 for use in association with brewed alcoholic beverages -- Applicant previously unsuccessful in seeking expungement of TMA 161,355 -- Preservation of essential ingredients of mark obviating possibility of confusion and maintaining distinguishing features cannot support allegation of abandonment -- Decision in J.H. Munro Ltd. v. T. Eaton Co. Western Ltd. and T. Eaton Co. Ltd. (1942), 2 C.P.R. 229, applied (B.C.S.C.) -- Essential elements of TMA 161,355 preserved, in use -- No evidence of confusion or deception, nor suggestion of abandonment by respondent -- Existing mark cannot be attacked unless likely to cause confusion -- Bona fide use sufficient to sustain registration -- Application dismissed.