Hilton Worldwide Holding LLP v. Miller Thomson, 2018 FC 895

Justice Pentney - 2018-09-07

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Hilton Worldwide Holding LLP appeals from the decision of the Registrar of Trademarks, which directs that Hilton’s registration for the trademark WALDORF-ASTORIA should be expunged from the register. The core question raised in this appeal is whether Hilton can establish that it used the trademark in association with “hotel services”, under the Trade-Mark Act, RSC 1985, c T-13 [the Act], despite the fact that there was no “bricks and mortar” hotel under the name Waldorf-Astoria in Canada during the relevant period. For the reasons that follow, I am allowing this appeal.

Decision relates to:


Canadian Intellectual Property