TRADE-MARKS
Registration
Judicial review of decisions by Registrar of Trade-marks Canadian Olympic Committee (COC) public authority under Trade-marks Act, R.S.C., 1985, c. T-13, s. 9, and to publish several official marks in COC’S name despite applicant’s pending registrations for these same marks—Evidence before Registrar consisting solely of statement of respondent’s counsel that marks adopted, used as official mark by COC for wares, services in Canada—Insufficient evidence before Registrar upon which to conclude COC adopted, used marks—Act not defining “adoption”, “use” in regards to official marks under Act, s. 9—Act, ss. 3, 4 assisting in interpretation of those words—Common feature of “use”, “adoption” element of public display—No such display here—As to whether COC public authority, Registrar’s decision not unreasonable—Application allowed.
See You In — Canadian Athletes Fund Corp. v. Canadian Olympic Committee (T-2016-04, 2007 FC 406, Phelan J., judgment dated 18/4/07, 27 pp.)