TRADE-MARKS
Registration
Appeal from registration of trade-mark “Leyda” for use in association with wine—Trade-marks Act, R.S.C., 1985, c. T-13, s. 12 providing trade-mark not registrable if “clearly descriptive . . . of [wares’] place of origin”—Leyda region in Chile where wine produced — However, Registrar not satisfied designated by Chilean government as appellation of origin—According to Registrar, words “clearly descriptive” modifying meaning of “place of origin”, thus not sufficient wine be produced in Valley of Leyda—Appeal allowed—New evidence establishing Valle de Leyda (in Spanish) appellation of origin recognized by Chilean government—In any event, whether name signifies geographical area, and whether area produces wine not contingent on government decree—Once Registrar found Leyda wine-producing region in Chile, required to conclude opposition to registration well founded.
Sociedad Agricola Santa Teresa Ltda. v. Viña Leyda Limitada (T-1531-07, 2007 FC 1301, Harrington J., order dated 12/12/07, 8 pp.)