Rothmans, Benson & Hedges Inc. v. Imperial Tobacco Ltd.
T-628-97
MacKay J.
17/6/97
4 pp.
Application to strike paragraphs of statement of claim seeking injunctive relief to restrain defendants from registering any trademark including words "Classic", "Classique", or as set out in enumerated applications on ground Court lacking jurisdiction to award such relief-Application allowed-Friendly Ice Cream Corp. v. Friendly Ice Cream Shops Ltd., [1972] F.C. 712 (T.D.) applied-Registrar of Trade-marks first person who must decide whether trade-mark may issue-Court may be engaged to review matter only if Registrar alleged to have made wrong decision-Defendants entitled to apply for registration of trade-marks under Act, and to have any application determined by Registrar, after consideration of any opposition that may be advanced in accord with procedures under Act-To restrain defendants from seeking to register trade-marks applied for would deprive them of rights to apply for registration in accord with procedures established under Act-To grant relief requested would by-pass statutory method and tribunal established by Parliament for determining applications for registration of trade-marks-No reasonable cause made out by statement of claim for relief sought in provisions in question.