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Gainers Inc. v. Smart & Biggar

T-2744-95

MacKay J.

29/3/96

3 pp.

Application for order to strike notice of appeal from decision of Registrar of Trade-marks expunging appellant's registration of trade mark "Sensible Eating" from register-Application dismissed-Appellant, registered owner at time proceedings initiated, had assigned its interests in trade mark in issue to Burns Foods ten months prior to Registrar's decision expunging trade mark-No evidence of terms of assignment or of any obligation as between Gainers and Burns to protect trade mark-Expungement ordered by Registrar would be related to lack of use by Gainers in period before s. 45 proceedings initiated-Gainers can most directly deal with findings related to use or lack of use of trade mark-As registered owner at the time and interested party in proceedings before Registrar, Gainers has continuing interest which, unless Burns were to object, supports its right to appeal decision of Registrar-Appellant proper person to initiate appeal from decision of Registrar-Trade-marks Act, R.S.C., 1985, c. T-13, s. 45 (as am. by S.C. 1993, c. 44, s. 232; 1994, c. 47, s. 200).

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