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Canadian Olympic Assn. v. Olymel
T-1564-97, T-1565-97
Lemieux J.
9/6/00
19 pp.
Appeals from Opposition Board decision denying opposition to two trade-mark applications by Olymel, Société en commandite for trade-marks Olymel and Olymel & Design --Appeals focussing on scope of Trade-marks Act, s. 9 relating to official marks adopted, used by public authority --Olymel large Quebec-based meat processor engaged in business of selling meat products in Canada, in export trade --Canadian Olympic Association (COA) submitted before Board Olymel's proposed trade-mark applications defective on number of grounds--Two issues decided by Board relevant herein: s. 9 grounds, s. 30(i) grounds--Decisions of Registrar, whether of fact, law, discretion, within area of expertise, to be reviewed on standard of reasonableness--On s. 9 issue, Board erred in adopting straight comparison test--Proper test resemblance, imperfect recollection--Board's error error of law--State of register evidence established letters "Olym" common to many marks--Once mark common to trade, one cannot claim it as family of marks--Person familiar with COA's official marks and having imperfect recollection of them and of seeing mark Olymel or design applied to meat products or in respect of Olymel's services, would not lead to inference wares, services associated with Olymel manufactured, sold, hired, performed by opponent COA--No merit in second point argued by COA, that is, because of existence of trade-mark "Olympia" in 1984, Olymel could not have satisfied itself it had proper mark for which it was applying--Appeals dismissed--Trade-marks Act, R.S.C., 1985, c. T-13, ss. 9 (as am. by S.C. 1990, c. 14, s. 8; 1993, c. 15, s. 58; c. 44, ss. 226, 236(1)(c),(d); 1994, c. 47, s. 191), 30 (as am. by S.C. 1993, c. 15, s. 64; c. 44, ss. 230, 236 (1)(h); 1994, c. 47, s. 198.