TRADE MARKS |
Filenet Corp. v. Canada (Registrar of Trade-marks)
A-589-01
2002 FCA 418, Sharlow J.A.
29/10/02
6 pp.
Appeal from order dismissing application for judicial review ([2002] 1 F.C. 266) of Registrar of Trade-marks' decision to give public notice of Crown's adoption and use of "Netfile & design" as official mark for services--"Netfile" designating program operated by Canada Customs and Revenue Agency to facilitate filing of income tax returns via internet--Well established Registrar has no discretion to refuse a request under Trade-Marks Act, s. 9 to give public notice of adoption and use of official mark, once party making request establishing relevant statutory criteria respected--First criteria, request for public notice under s. 9, must be made by Her Majesty, university or public authority, depending on circumstances--Second criteria that party making request must adopt and use official mark--First, question regarding relevant elements of "adoption" of official mark question of fact--In present case, fact sufficiently proved by request to Registrar giving public notice under s. 9 unless some cogent reason to believe request not authorized--Second question regarding whether Filenet had status to challenge notice under s. 9--In application for judicial review, anyone has requisite status who is directly affected by matter--Filenet submitted evidence establishing sufficient interest to permit hearing of matter--Trial Division did not err in reaching conclusion Crown had adopted and used "NETFILE"--Appeal dismissed --Trade-marks Act, R.S.C., 1985, c. T-13, s. 9 (as am. by S.C. 1990, c. 14, s. 8; 1993, c. 15, s. 58; c. 44, s. 226; 1994, c. 47, s. 191).