In Cobalt Brands LLC v. Gowling Lafleur Henderson LLP (2010 FC 260), Cobalt Brands LLC ("Cobalt") appealed the Registrar of Trade-Marks' ("Registrar") expungement of its USQUABEACH trade-mark Reg. No. 219,908 from the Trade-Mark register ("register") due to Cobalt's failure to file evidence of use pursuant to subsection 45(3) of the Trade-marks Act ("the Act"). Cobalt had acquired the USQUAEBACH mark in order to produce, market, import, and export a blended Scotch Whiskey which had been absent from the market since 2001. The Federal Court of Canada ("Federal Court") allowed the appeal, setting aside the decision of the Registrar and ordering it to reinstate Cobalt's USQUAEBACH mark. (more...)
Posts Tagged ‘special circumstances’
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FC Finds trade-mark nonuse while waiting for unrelated legal dispute Not a “Special Circumstance” under S45
In Jose Cuervo S.A. de C.V. v. Bacardi & Company Ltd. (2009 FC 1166), the Federal Court dismissed an appeal of the expungement of trade-mark Reg. No. #341290 CASTILLO for non-use. The Court found that neither "special circumstances" nor sufficient evidence existed to justify what the "voluntary non-use" of the mark. (more...)
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