Decision

Shaoguan Risen Trading Corporation Ltd. v. Dong Phuong Group Partnership, 2023 FC 748

Justice Manson - 2023-05-29

Read full decision. Automatically generated summary:

The Applicant appeals a decision of the Registrar of Trademarks (the “Registrar”) issued on May 10, 2022 under section 56 of the Trademarks Act, RSC, 1985, c T-13 (the “Act”). The decision expunged the Applicant’s Trademark Registration No. TMA287136 for the trademark DOUBLE SWALLOW BRAND & DESIGN because the Applicant failed to show evidence of use. ... As is well established, a single sale will suffice to establish use provided it is a genuine commercial transaction and not a deliberate, contrived attempt to preserve trademark registration. Here, there are three sales and there is no indication that any of the sales were contrived to have such effect.

Decision relates to:

  • T-1434-22 - Shaoguan Risen Trading Corporation Ltd. v. Dong Phuong Group Partnership
  • A-169-23 - which is an appeal from this decision

 

Canadian Intellectual Property