AT&T Intellectual Property II, L.P v. Lecours, Hebert Avocats Inc, 2017 FC 734
Justice Manson - 2017-07-31
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This is an appeal under sections 56(1) and 59 of the Trade-marks Act, RSC 1985, c T-13, and Rule 300 of the Federal Courts Rules, SOR/98-106, from the decision of the Registrar of Trademarks, dated June 7, 2016 (the “Decision”), which held that Registration No. TMA 673,815 (the “Registration”) for the GO PHONE trademark (the “GO PHONE Mark”) is to be expunged pursuant to section 45 of the Trade-marks Act. ... Consequently, I find that the Hearing Officer erred in holding that the GO PHONE Mark as set out in the Registration was not in use during the Relevant Period. The appeal is granted and the Decision is set aside.
Decision relates to:
- T-1357-16 - AT & T INTELLECTUAL PROPERTY II, L.P. v. LECOURS, HEBERT AVOCATS INC.