1648074 Ontario Inc. v. Akbar Brothers (pvt) Ltd., 2019 FC 1305
Justice Roy - 2019-10-17
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This is an appeal launched pursuant to section 56 of the Trademarks Act from the decision of the Registrar of Trade-marks dated October 31, 2018 granting the opposition by Akbar to the registration by 1648074 Ontario Ltd. (“164”) of the trade-mark “DO GHAZAL & Design”. ... The opposition comes from Akbar, a company incorporated in Sri Lanka, which is the owner of the registered trade-mark ALGHAZALEEN TEA & Design (No TMA 594,177). Among several grounds for opposition, Akbar claims that the Mark is not distinctive having regard to its registered trade-mark and its trade-mark DO GHAZAL and Design (not registered in Canada), both used in association with tea. ... It follows that the applicant’s appeal must succeed. The decision of the Registrar accepting the ground of opposition based on para 38(2)(d) of the Act (the trade-mark is not distinctive) is set aside. The applicant/appellant is entitled to its costs in accordance with Rule 407 of the Federal Courts Rules. However, there are two other grounds of opposition that remain outstanding. It is therefore required that the matter be returned to the Registrar for the purpose of examining those grounds of opposition and reaching a conclusion with respect to both.
Decision relates to:
- T-9-19 - 1648074 ONTARIO INC. v. AKBAR BROTHERS (PVT) LTD.