Roots Corporation v. YM Inc. (Sales), 2019 FC 16

Justice Locke - 2018-01-08

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This is an application by the applicant, Roots Corporation (Roots), pursuant to subsection 57(1) of the Trade-marks Act, RSC 1985, c T-13 [the Act] to strike Canadian Trade-Mark Registration No. TMA961,583 from the Register of Trade-marks (the Register). The subject registration is owned by the respondent, YM Inc. (Sales) (YM), and concerns the CABIN FEVER & Design mark ... The registration of the CABIN FEVER & Design mark is not invalid pursuant to either paragraph 18(1)(d) or 18(1)(b) of the Act. However, it lists goods that should not be included because the mark has not been used in association with such goods. The application to strike the CABIN FEVER & Design registration will be dismissed, but the Register will be ordered amended to correct the inaccuracy. In view of the divided success in this application, there will be no award of costs.

Decision relates to:



Canadian Intellectual Property