Micro Matic A/S v. Taizhou TALOS Sanitary Co. Ltd., 2017 FC 978
Justice Roussel - 2017-11-02
Read full decision. Automatically generated summary:
The Applicant, Micro Matic A/S, is seeking an order pursuant to section 57 of the Trade-marks Act, striking trade-mark registration No. TMA 942,000 from the register of trade-marks. As the Applicant clearly enjoyed prior use of the MICRO MATIC Marks in Canada, the Respondent was not entitled to the registration of TMA 942,000 pursuant to paragraph 16(1)(a) of the Act. Thus, the registration of the trade-mark is invalid pursuant to paragraph 18(1)(d) of the Act and should be expunged from the register of trade-marks under section 57 of the Act. For these reasons, the application to strike trade-mark registration No. TMA 942,000 from the register of trade-marks is hereby allowed with costs, which in the exercise of my discretion, are fixed at $3,000.00.
Decision relates to:
- T-1947-16 - MICRO MATIC S/A v. TAIZHOU TALOS SANITORY CO. LTD.