S.A. Jetstream v. R.D. International Style Collections Ltd.
T-1330-92
Denault J.
7/5/93
8 pp.
Application to strike registration by respondent of trade mark "Votre Nom" in association with ladies' clothing -- Question of prior usage -- Jetstream had burden of establishing registration should be struck out -- Applicant French limited company operating women's clothing business and using mark "Votre Nom" since 1988 -- Question whether at date registration TMA 382,389 filed, mark sought by respondent likely to create confusion with trade mark previously used in Canada by someone else -- Applicant proved his intention to distribute product in Canada though not required by Trade-marks Act, s. 4 -- Sale by distributor (Jacalain Inc.) of wares bearing mark "Votre Nom" purchased from owner of trade mark outside Canada constitutes "use" within meaning of Act, s. 4 -- Nothing to show collusion or complicity of any kind by applicant to bring seventeen articles of clothing into Canada illegally -- On date application to register trade mark "Votre Nom" filed, November 15, 1989, respondent not person entitled to secure registration as mark created confusion with one used by Jetstream previously in Canada in association with various articles of clothing -- Application allowed -- Trade-marks Act, R.S.C., 1985, c. T-13, ss. 4, 16, 18.