Comité interprofessionnel du vin de champagne v. Coors Brewing Company, 2026 FCA 2
Justice LeBlanc; Justice Roussel; Justice Heckman - 2026-01-09
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This appeal involved the interpretation of Section 45 of the Trademarks Act concerning the obligation of a registered trademark owner to justify periods of non-use. The central issue was whether the reference point for non-use should begin from the mark's last use or from its acquisition by the new owner. The appellants contended that the Federal Court erred in allowing the acquisition date to serve as a possible starting point. However, the Federal Court upheld the Registrar's decision, affirming that the new owner is not obliged to account for non-use prior to acquisition as long as special circumstances justify the absence of use from that date. The appeal was ultimately dismissed, with the court confirming that there was no legal obligation to demonstrate use prior to the acquisition of the trademark, aligning with the principles established in Centric Brands. The Registrar's decision to maintain the registrations was upheld, demonstrating the complexities of trademark use and ownership.
Decision relates to:
- A-125-24 - CIVC et al. c. COORS BREWING COMPANY which is an appeal from 2024 FC 169 in T-1050-21