Martel c. Filion

Martel c. Filion

Because s.13 is intended to protect third parties and prohibits registration of names that designate existing persons or could mislead the public, and Martel knowingly adopted a name already used by Filion, Martel lacked standing under s.13 to seek annulment of Filion's later registration; therefore the appeal is dismissed.

Citation
[1965] RCS 349
Parties
Appellant / Plaintiff: Achil Martel; Respondent / Defendant: Arthur Filion
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 January 1965
Procedural Posture
Appeal / Supreme Court of Canada Hearing an Appeal From the Court of the Queen's Bench, Province of Quebec
Outcome
Appeal dismissed with costs
Legal Topics
Registration of Trade Name, Standing to Annul Registration Under Section 13, Protection of Third Parties Under Registration Statutes
Source Language
French
Commercial Law Company Law Civil Procedure Registration of Trade Name Standing to Annul Registration Under Section 13 Protection of Third Parties Under Registration Statutes

Case Brief

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Parties

Achil Martel

Appellant / Plaintiff

Arthur Filion

Respondent / Defendant

Procedural Posture

Appeal / Supreme Court of Canada Hearing an Appeal From the Court of the Queen's Bench, Province of Quebec

Legal Issues

  1. 1 Who has standing under s.13 of the Quebec Companies and Societies Declarations Act to seek annulment of a trade name registration?
  2. 2 Whether the registration regime creates proprietary rights for the registrant or exists solely to protect third parties.
  3. 3 Whether a person who knowingly adopts an existing trade name can invoke s.13 to annul a prior user’s registration recorded in another district.

Ratio Decidendi

Because s.13 is intended to protect third parties and prohibits registration of names that designate existing persons or could mislead the public, and Martel knowingly adopted a name already used by Filion, Martel lacked standing under s.13 to seek annulment of Filion's later registration; therefore the appeal is dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs