Canada Bread Company, Limited v. Dr. Smood ApS, 2019 FC 306
Justice Roy - 2019-03-13
Read full decision. Automatically generated summary:
Canada Bread Company, Limited, the applicant, appealed pursuant to section 56 of the Trade-marks Act the decision of the Trade-marks Opposition Board [see 2018 TMOB 34]. The Board rejected the oppositions to the registration of two trade-marks by the respondent, Dr. Smood ApS, "SMART FOOD FOR A GOOD MOOD" and a design mark. Canada Bread Company, Limited, which opposed these two registration applications, has owned and uses the trade-mark SMART since at least 2006; the trade-mark is owned for use in association with a much narrower category of bakery products: bread, hot dog and hamburger buns, English muffins, bagels and tortillas.
Decision relates to:
- T-1195-18 - CANADA BRAD COMPANY, LIMITED v DR. SMOOD APS