Techniquip Ltd. v. Canadian Olympic Assn.
A-266-98
Desjardins J.A.
10/11/99
9 pp.
Appeal from Trial Division decision [(1998), 80 C.P.R. (3d) 225] reversing decision of Trade-marks Opposition Board-Board refusing respondent's trade mark application No. 612,272 for Representation of Man on ground it resembled appellant's family of official marks comprising 29 of its official marks and 13 official marks of "The Organizing Committee of the 1976 Olympic Games/le Comité organisateur des jeux olympiques de 1976"-On appeal, Trial Judge followed test developed in R. v. Kruger (1978), 44 C.P.R. (2d) 135-Trial Judge accepted test under Trademarks Act, s. 9(1)(n)(iii) to be one of resemblance between prohibited mark and adopted mark-Rejected test of "straight comparison", adopted test of resemblance, imperfect recollection-Trial Judge correct in analysis-Dealing with "official mark" under Act, s. 9(1)(n)(iii)-Appellant opposing respondent's registration on basis of family of marks-Notion of family of marks developed in context of proceedings under Act, s. 6-Respondent entitled to adduce evidence no family of marks on which appellant could rely-Open to respondent to bring evidence of state of register, of market place to establish human stick figures common to many marks and that, once mark common to trade, one cannot claim family of marks-Trial Judge correct in applying legal test developed by case law with regard to Act, s. 9(1)(n)(iii)-Also justified in accepting two affidavits filed by respondent and in determining matter as he did-Appeal dismissed-Trade-marks Act, R.S.C., 1985, c. T-13, ss. 6, 9(1)(n)(iii).