Geox S.P.A. v. De Luca, 2018 FC 855


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Mr. Giuseppe De Luca is the owner of Canadian trade-mark registration No. TMA 375,888 for the trade-mark ANFIBIO & Dessin [the Mark]. At the request of Geox S.p.A., the registrar of Trade-marks amended the registration to delete the goods “souliers” (shoes) from the statement of goods, but refused to expunge the registration in its entirety. The registrar was satisfied that Mr. De Luca had provided sufficient evidence that the Mark had been used in association with the goods “bottes” (boots) within the period of three years immediately preceding the notice sent pursuant to section 45 of the Trade-marks Act, RSC, 1985, c T-13 [the Act].

Decision relates to:


Canadian Intellectual Property