Decision

Centric Brands Holding LLC v. Stikeman Elliott LLP, 2024 FC 204

Justice Southcott - 2024-02-08

Read full decision. Automatically generated summary:

This decision addresses an appeal made pursuant to subsection 56 of the Trademarks Act by way of application to this Court. The Applicant, Centric, appeals a decision of the Registrar expunging AVIREX under section 45 of the Act. As such, I accept that, in circumstances where a new owner requires a mark during the relevant period, the principles identified in that line of jurisprudence generally apply, such that the special circumstances analysis may focus on whether the absence of use is excused during the portion of the relevant period that follows the acquisition. However, I find compelling the Respondent’s arguments as to why those principles do not apply in cases where the acquisition is subsequent to the end of the relevant period. ... Having considered the various arguments advanced by the Applicant, I find that none supports a conclusion that there exist special circumstances that excuse the absence of use of the Mark within the meaning of subsection 45(3) of the Act.

Decision relates to:

  • T-2235-22 - CENTRIC BRANDS HOLDING LLC v. STIKEMAN ELLIOTT LLP

 

Canadian Intellectual Property