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Warnaco Inc. v. Canada (Attorney General)
T-854-99
Heneghan J.
7/4/00
12 pp.
Appeal from decision of Registrar of Trade-marks under Trade-marks Act, s. 56--Preliminary issue whether Registrar proper respondent herein having regard to rr. 300, 303--R. 303(2) clear, providing that where no person directly affected by decision in question, nor any person required to be named as party pursuant to Act under which appeal brought, proper respondent Attorney General of Canada--Attorney General of Canada should have been named as respondent in beginning--Reason why Registrar of Trade-marks should not be party to avoid situation where decision-maker participating in review of own decision--Court granting order substituting Attorney General of Canada for Registrar of Trade-marks as respondent in within appeal--Registrar refusing registration of "Satin Stripes" as proposed trade mark on ground name descriptive--Finding proposed name suggestive of materials used in composition of wares, that is bras, panties--New evidence tendered by applicant not materially affecting Registrar's conclusion in relation to proposed name "Satin Stripes"--Appropriate standing of review to apply reasonableness simpliciter--Whether Registrar's decision reasonable on basis of material before him, whether applied appropriate principles in reaching conclusion--Registrar applied test of first impression which is accepted test in assessing registrability of proposed name--Assessed evidence, arguments before him, reached reasonable conclusion--Did not err in concluding mark "Satin Stripes" not registerable by reason of Trade-marks Act, s. 12(1)(b)--Appeal dismissed--Federal Court Rules, 1998, SOR/98-106, rr. 300, 303--Trade-marks Act, R.S.C., 1985, c. T-13, ss. 12 (as am. by S.C. 1990, c. 20, s. 81; 1994, c. 47, s. 193).