Shaoguan Risen Trading Corporation Ltd. v. Dong Phuong Group Partnership, 2023 FC 748
Justice Manson - 2023-05-29
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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