Guangzhou Wanglaoji Grand Health Co., Ltd. v. Multi Access Limited, 2024 FC 872
Justice Pallotta - 2024-06-07
Read full decision. Summary prepared by Alan Macek:
Wanglaoji appeals seven decisions of the Registrar in summary cancellation proceedings under section 45 of the TMA. ... As noted above, none of the arguments Wanglaoji now relies were raised in its notices of application. ... MAL argues that it relied on the grounds set out in the notices of application as the case it had to meet and filed evidence to address the grounds Wanglaoji raised. I agree with MAL that the prejudice and procedural unfairness of allowing a late amendment cannot be compensated by an award of costs. ... The dictionary definitions Wanglaoji has put forward do not establish that “medical” is broader than “medicinal” or that “medicinal” is a subset of “medical”, and I do not accept that the package disclaimer is determinative of whether MAL’s product falls within the goods described in its trademark registration. ... Wanglaoji has not established that the Registrar committed a reviewable error in finding that each of the Registrations should be maintained with amended statements of goods. Accordingly, these consolidated appeals are dismissed. (Cristina Mihalceanu and Geoff Mowatt of DLA Piper represented the successful respondent)
Decision relates to:
- T-2051-22 - GUANGZHOU WANGLAOJI GRAND HEALTH CO. LTD. v. MULTI ACCESS LIMITED