Renaud Cointreau & Cie v. Cordon Bleu International Ltd.
T-2314-90
Pinard J.
5/11/92
6 pp.
Appeal from Senior Hearing Officer's decision trade mark "Cordon Bleu" not be amended or expunged from register under Trade-marks Act, s. 45 -- Notice sent by Officer to respondent at appellants' request, although trade mark not yet registered for three years -- Notice given on behalf of Registrar only, not on behalf of appellants -- Appellants not parties to notice given to respondent on behalf of Registrar as acting prematurely before expiration of three years from date of registration of respondent's trade mark -- Under s. 45(1), three years must pass from time of registration before anyone but Registrar may request notice be given to trade mark's registered owner -- Appellants not entitled by Act, s. 45(4) to receive notice of Registrar's decision and reasons, therefore having no standing to appeal -- Right of appeal exceptional -- Appeal dismissed -- Trade-marks Act, R.S.C., 1985, c. T-13, ss. 45, 56.