Royal Bank of Canada v. Canada ( Registrar of Trade-Marks )
T-2613-94
Dubé J.
7/7/95
7 pp.
Appeal from registrar's decision to expunge trade mark "Informaction" -- Registrar finding mark not in use in normal course of trade and no special circumstances justifying non-use -- Appellant filing affidavit to effect: (1) mandate given to advertising agency to provide new design in association with mark; (2) appellant preparing material for use with trade mark prior to issuance of Act, s. 45 notice; and (3) appellant printing letterhead bearing trade mark and sending same to branches after s. 45 notice issued -- Appellant filing sample copies of newsletters bearing mark issued by appellant -- As Court must be circumspect about interfering with registrar's decision, proceeding likened to de novo trial only with respect to new evidence -- Use described by new evidence more in nature of internal document: new evidence not supporting use of mark in association with newsletters so as to distinguish them from other wares-Circulation of internal bulletin and application of mark on blank letterhead not amounting to use in normal course of trade -- Word "trade" contemplating payment or exchange for wares supplied or at least transfer of wares as part of deal -- Special circumstances considerations: (1) duration of non-use; (2) degree non-use attributable to registrant's will; (3) serious intention to shortly resume use -- Mark never used in normal course of trade; non-use totally attributable to appellant's will; and intention to resume use directed more to promotion of services than to use of wares-Appeal dismissed -- Trade-marks Act, R.S.C., 1985, c. T-13, s. 45 (as am. by S.C. 1994, c. 47, s. 200).