VOL. XX. EXCHEQUER COURT REPORTS. 119 IN THE MATTER of the Petition of CHRISTIE BROWN CO., LIMITED, OF THEE CITY OF TORONTO, IN THE PROVINCE OF ONTARIO, September 7. CANADA, AND IN THE MATTER OF A SPECIFIC TRADE MARK TO BE USED IN CONNECTION WITH THE MANUFACTURE AND SALE OF BISCUITS, CAKE, PUDDINGS, AND INFANTS' FOOD. Trade-Marks--Names—Registration thereof. Petitioners had manufactured biscuits, cake, puddings and infants' foods• for a great number of years, and had adopted . and used the word or name "Christie" as a trade-mark on. labels and in advertising to denote and distinguish their goods. The word "Christie" had been used alone, not associated with the word "biscuits" or other words and had acquired a distinctive meaning. Held, On the facts stated (following the decision of the Supreme Court, in the case of Horlick Malted Milk Cl), that the word "Christie" should be registered as a specific trade-mark to be used in connection with the manufacture and sale of biscuits, cake, puddings and infants' foods. PETITION praying for an order directing that the • trade-mark. "Christie" may be registered as a specific •t rade-mark to be used in connection with the manufacture and sales of biscuits, etc. (1) Judgment rendered 1st May, 1917. Not reported. Reporter's note.—In the case of the Welch Company Limited, decided the same day by Audette J. this case is referred to and followed, and the word "Welch's". was ordered to be registered.
120 EXCHEQUER COURT REPORTS. • Vox,. XX 1920 In the petition it is alleged that petitioners are the rn ] xe CiHR $Tlx proprietors of a trade-mark consisting of the word TRADE-MARK "Christie" which has been used by them for many Statement. years in connection with the manufacture and sale of J R ud e g asons for Biscuits, Cake, Puddings and Infants' Food, manufactured and sold by them and which distinguishes said goods from similar goods manufactured and sold by others, which said trade-mark is known throughout Canada as denoting and distinguishing the goods of your Petitioners. That the Petitioners made application to the Minister of Agriculture of the Dominion of Canada, for the registration of the said trade-mark as above described as a specific trade-mark to be used in connection with the manufacture and sale of biscuits, cake, puddings and infants' food, in accordance with the provisions of the Trade-Mark and Design Act. That the Minister of Agriculture by letter dated December 15th, 1914, refused to register the said trade-mark on the grounds that it is a surname and could be registered only in accordance with an order from the Exchequer Court of Canada. That as a matter of fact the word "Christie" has through long continued use and extensive sale acquired a secondary and trade-mark meaning denoting and distinguishing goods manufactured and sold by the Petitioners. From several affidavits filed it is established that the petitioners have been manufacturing biscuits, cake . and infants' goods for a great number of years and that the trade-mark "Christie" has been used by them to denote the goods manufactured by them and has acquired a distinctive meaning; that the said
VOL. XX. EXCHEQUER COURT REPORTS. • word "Christie" has been used alone, and not the . • i name of the petitioners' company, as â specific trade- mark aforesaid; and that said word "Christie" was not associated with the word "biscuits" or other stat words; and that, for a great number of years, biscuits ana$ manufactured by the Petitioners have . had the . word "Christie" alone stamped thereon and said word has been used in advertising and on labels to denote and distinguish the goods of the petitioners. The application first came before the President of Court, on the 2nd. March, 1920, but was then enlarged to permit petitioners to furnish further evidence. The application again carne up on the 7th of Sept-ember, 1920, and order for registration of the trade- mark as prayed for, was granted on the same day. Russell Smart, counsel for petitioners. THE PRESIDENT OF THE COURT, September, 1920), delivered judgment. This application stood over with the view of f jr- • n ishing further evidence. The petitioner has now shewn that for a great number of years the word "Christie" alone has been used on the biscuits manufactured by the firm. I should doubt very much the validity of such a trade-mark as the word "Christie" alone. My granting the order to register does not conclude any validity of the trade-mark, should an action be brought on the trade-mark, for contesting its validity. It has the effect merely of casting the onus upon the parties sued. In any event bound by the judgment of the Supreme Court of the 1st of May, 1917, in the Petition of the Horlick Malted Milk Co. to have their trade-mark "Horlick's" o 121 CARI9 : TRAD MAR1 ement. R m eas e on m s f c o . r now (this 7th I find myself
122 EXCHEQUER COURT REPORTS. VOL.. XX 1920 - registered. The Supreme Court have thought that In re CHRISM they were entitled to register such a trade-mark and TRADE-MA" directed by their formal judgment that the word Judgment . r "Horlick's " be registered. The case of "Christie" is very much stronger than that of Horlick and I am bound by the judgment of the Supreme Court. I order that the word "Christie" as applied to biscuits, cake, puddings and infants' foods be registered as prayed. Ordered accordingly.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.