Sim & McBurney v. Gordon, 2020 FC 710

Justice Fothergill - 2020-06-18

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The Appellant, Sim & McBurney, appeals a decision of the Registrar of Trademarks to maintain the registration of two trademarks: FORGET-ME-KNOT (TMA599,853); and LOVE-KNOT (TMA631,952). The Marks are owned by the Respondent, Gayle Gordon, and are registered in association with gold and silver jewellery. The Appellant requested that the Marks be expunged pursuant to s 45 of the Trademarks Act. ... Given the unsatisfactory state of the evidentiary record before this Court, the Registrar’s inferences that the Respondent used the Marks in the normal course of trade are no longer sustainable. The appeal is allowed, and the registrations of the Marks are ordered to be struck from the register of trademarks.

Decision relates to:


Canadian Intellectual Property