Sharp Kabushiki Kaisha v. 88766 Canada Inc.
T-474-96
Noël J.
6/2/97
7 pp.
Appeal from Registrar's decision ordering amendment of appellant's trade mark pursuant to Trade-marks Act, s. 45(5) to delete "watches and clocks"-Appellant registered owner of "Sharp" for use in association with various wares, including "watches and clocks"-Respondent issuing notice requiring evidence of use of "Sharp" trade mark for "watches and clocks"-Appellant filing statutory declaration alleging sale "for many years" of range of products having as primary or secondary function display of time, including clock radios-Only items for which evidence of use for period contemplated by s. 45 produced were electronic calculators with clock function, electronic organizers with clock function, personal palmtop computers, facsimile machines, CD stereo systems, camcorders, video cassette recorders and microwave ovens, all with clock and/or timekeeping function-Registrar correctly holding these items could not be labelled as "clocks or watches" on basis of time keeping function as clearly incidental to distinct prime use of each-Appellant giving "talking clocks" commercial description, and amending trade mark registration by adding thereto use description spells out-Must have done so because considering use of trade mark with respect to "talking clocks" different from such use with respect to "clocks and watches"-Manufacturers having interest in widening scope of trade mark protection offered by Act as product lines expand, and use to which products can be put multiply-In so doing, specifying different uses which if established cannot save registration of previously registered uses unless prior uses can be shown to persist on own account-Registrar correctly holding appellant had to show use of such wares otherwise than by reference to "talking clocks" to maintain registered use for "clocks and watches"-Failed to do so-Appeal dismissed-Trade-marks Act, R.S.C., 1985, c. T-13, s. 45(5).