International Name Plate Supplies Limited v. Marks & Clerk Canada, 2021 FC 611
Justice McDonald - 2021-06-17
Read full decision. Automatically generated summary:
This is an appeal pursuant to section 56 of the Trademarks Act by International Name Plate Supplies Limited (INPS) from the decision of the Registrar of Trademarks dated March 11, 2020, expunging its trademark TMA 595, 389 for FIREFLY (the Mark) from the Registry (see 2020 TMOB 27). The Registrar was not satisfied that INPS established use of the trademark. For the reasons that follow this appeal is dismissed as INPS has not established any error with the Registrar’s decision. ... As there is no evidence that the Mark was displayed on the registered goods or their packaging, it is clear that the evidenced sales and export to customers in the United States does not constitute use of the Mark in association with such goods pursuant to section 4(3) of the Act.
Decision relates to:
- T-546-20 - INTERNATIONAL NAME PLATE SUPPLIES LIMITED v. MARKS & CLERK CANADA