Blossman Gas, Inc. v. Alliance Autopropane Inc., 2022 FC 1794

Justice McHaffie - 2022-12-23

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The outcome of this application turns on three principles of Canadian trademark law: (1) a trademark licensee is not entitled to register the licensor’s trademark in the licensee’s own name; (2) a person is not entitled to register a trademark that is confusing with a trademark previously used in Canada by another; and (3) absent bad faith, an existing trademark registration constitutes a defence to a claim in passing off for the registrant’s use of the registered mark. ... For the reasons given below, I conclude that AAP was not the person entitled to register the trademarks at issue, as they were confusing with Blossman’s ALLIANCE AUTOGAS trademarks, which Blossman had used in Canada through licensees prior to AAP’s adoption of its trademarks. Contrary to AAP’s arguments, Blossman had sufficient control over the quality or character of its licensee’s services that their use accrued to Blossman’s benefit, and Blossman did not acquiesce in AAP’s use of the AAP Marks so as to be precluded from seeking relief. The trademarks will therefore be struck from the Register.

Decision relates to:



Canadian Intellectual Property