88766 Canada Inc. v. Paulaner-Salvator-Thomasbršu A.G.
T-1130-95
Teitelbaum J.
5/6/96
9 pp.
Appeal of Registrar's decision maintaining in part registration number UCA 48982 for trade mark "Salvator" pursuant to Trademarks Act, s. 56-Trade mark registered for use in association with alcoholic and non-alcoholic beverages, including beer-Registrar holding two special sales of wares in Canada constituting transaction in "normal course of trade"-Court should be reluctant to reverse Registrar's finding unless clearly satisfied came to wrong conclusion on facts or unless significant new evidence placed before Court, not heard by Registrar-No new evidence filed here-Evidence of single sale in normal course of trade, whether wholesale or retail sufficient as long as transaction genuine and not for sole purpose of maintaining trade mark-Quality and not quantity of evidence relevant-Beer also sold within two years of s. 45 notice-Appeal denied with costs-Trade-marks Act, R.S.C., 1985, c. T-13, ss. 45 (as am. by S.C. 1994, c. 47, s. 200), 56.