Gagatek v. Gowlings WLG (Canada) LLP, 2019 FC 634

Justice Gagné - 2019-05-09

Read full decision. Automatically generated summary:

On May 1, 2018, the Registrar of Trade-Marks issued a decision expunging the 769 Registration for the trade-mark First National Homestead Inc. & Design from the register of trade-marks. Since May 12, 1995, the Trade-mark had been registered for use in association with real estate brokerage services, mortgage broker services, property management, and property and real estate investment services. Since its registration, Mr. Ian Gagatek has always been the registered owner of the Trade-mark. The Applicant, Ms. Sofie Gagatek, filed a notice of application for judicial review in respect of the Registrar’s decision to expunge the 769 Registration. ... The Applicant informed the Court that Mr. Ian Gagatek was her father and that he had passed away in 2004, leaving the family business to his wife Anna Gagatek. The Applicant also stated that her mother had asked her to file the present appeal of the Registrar’s decision and to act on her behalf. In these circumstances, I am unfortunately unable to conclude that the Applicant has standing to bring the present appeal. The Registrar should have been informed of the transmission of rights in favour of Anna Gagatek, the new owner of the Trade-Mark since 2004, and Anna Gagatek should have brought the present appeal.

Decision relates to:



Canadian Intellectual Property