Quarry Corp. v. Bacardi & Co.
A-11-97
Strayer J.A.
11/3/99
2 pp.
Appeal from Trial Divison decision (1996), 72 C.P.R. (3d) 25) allowing appeal from expungement of trade mark "Castillo" from register under Trade-marks Act, s. 45(4)-Motions Judge not making reviewable error in setting aside expungement of respondent's trade-mark-Motions Judge's statement single sale "divorced from all context" might now be considered to be adequate use as result of amendment made to s. 45 in 1994 unfounded-Requirement of use being "in the normal course of business", as prescribed by s. 4(1), remains notwithstanding amendment-Appeal dismissed-Trade-marks Act, R.S.C., 1985, c. T-13, ss. 4, 45 (as am. by S.C. 1993, c. 44, s. 232).
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