A Lassonde Inc. v. Canada (Registrar of Trade Marks)

The appeal is dismissed because the trial judge correctly found that the disputed trade mark is clearly descriptive of the products and therefore not registrable under paragraph 12(1)(b) of the Trade-marks Act.

Source-derived case information.

Citation: 2001 FCA 207
Parties: Appellant: A. Lassonde Inc.; Respondent: The Registrar of Trade Marks
Court: Federal Court of Appeal
Jurisdiction: Canada
Judgment Date: 19 June 2001
Procedural Posture: Appeal / Federal Court of Appeal Judgment
Outcome: Appeal dismissed with costs
Legal Topics: Registrability, Descriptiveness, Paragraph 12(1)(b) of the Trade Marks Act, Sections 57 and 58 of the Trade Marks Act
Source Language: en

Trade Marks Intellectual Property Administrative Law Registrability Descriptiveness Paragraph 12(1)(b) of the Trade Marks Act Sections 57 and 58 of the Trade Marks Act

Source-derived case record

Summary, issues, holding and outcome

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Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

A. Lassonde Inc.

Appellant

The Registrar of Trade Marks

Respondent

Procedural Posture

Appeal / Federal Court of Appeal Judgment

Legal Issues

1 Whether the disputed trade mark is clearly descriptive of the products and therefore not registrable under paragraph 12(1)(b) of the Trade-marks Act
2 Application and relevance of sections 57 and 58 of the Trade-marks Act

Ratio Decidendi

Court Disposition

Appeal dismissed with costs

Orders

Appeal dismissed with costs

Full Case Text

Judgment text and source record

1 paragraphs

A Lassonde Inc. v. Canada (Registrar of Trade Marks) Court (s) Database Federal Court of Appeal Decisions Date 2001-06-19 Neutral citation 2001 FCA 207 File numbers A-107-00 Decision Content Date: 20010619 Docket: A-107-00 MONTRÉAL, QUEBEC, THE 19TH DAY OF JUNE, 2001 Coram: DÉCARY LÉTOURNEAU NOËL JJ.A. Matter concerning sections 57 and 58 of the Trade-marks Act, R.S.C. 1985, c. T-13 AND IN THE MATTER of an appeal from the judgment rendered January 25, 2000 in the Federal Court of Canada, Trial Division, by the Honourable Mr. Justice Pierre Blais in docket no. T-1037-99 Between: A. LASSONDE INC. Appellant AND THE REGISTRAR OF TRADE MARKS Respondent JUDGMENT The appeal is dismissed with costs. "Robert Décary" J.A. Certified true translation Suzanne M. Gauthier, LL.L., Trad. a. Date: 20010619 Docket: A-107-00 Neutral Citation: 2001 FCA 207 Coram: DÉCARY LÉTOURNEAU NOËL JJ.A. Matter concerning sections 57 and 58 of the Trade-marks Act, R.S.C. 1985, c. T-13 AND IN THE MATTER of an appeal from the judgment rendered January 25, 2000 in the Federal Court of Canada, Trial Division, by the Honourable Mr. Justice Pierre Blais in docket no. T-1037-99 Between: A. LASSONDE INC. Appellant AND THE REGISTRAR OF TRADE MARKS Respondent Hearing held in Montréal, Quebec, Tuesday, June 19, 2001 Judgment pronounced at the hearing in Montréal, Quebec, Tuesday, June 19, 2001 REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20010619 Docket: A-107-00 Neutral Citation: 2001 FCA 207 Coram: DÉCARY LÉTOURNEAU NOËL JJ.A. Matter concerning sections 57 and 58 of the Trade-marks Act, R.S.C. 1985, c. T-13 AND IN THE MATTER of an appeal from the judgment rendered January 25, 2000 in the Federal Court of Canada, Trial Division, by the Honourable Mr. Justice Pierre Blais in docket no. T-1037-99 Between: A. LASSONDE INC. Appellant AND THE REGISTRAR OF TRADE MARKS Respondent REASONS FOR JUDGMENT OF THE COURT (Pronounced at the hearing in Montréal, Quebec Tuesday, June 19, 2001) NOËL J.A. [1] Notwithstanding his valiant efforts, Mr. Barrette has not persuaded us that the trial judge (whose decision is reported at (2000), 180 F.T.R. 177) erred in finding that the disputed trade mark is clearly descriptive of the products in regard to which the appellant proposes to use it and therefore is not registrable under paragraph 12(1)(b) of the Trade-marks Act. [2] The appeal will therefore be dismissed with costs. "Marc Noël" J.A. Certified true translation Suzanne M. Gauthier, LL.L., Trad. a. FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20010619 Docket: A-107-00 Between: A. LASSONDE INC. Appellant AND THE REGISTRAR OF TRADE MARKS Respondent REASONS FOR JUDGMENT OF THE COURT FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD FILE NO: A-107-00 CORAM: DÉCARY LÉTOURNEAU NOËL JJ.A. STYLE: A. LASSONDE INC. Appellant AND THE REGISTRAR OF TRADE MARKS Respondent PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: June 19, 2001 REASONS FOR JUDGMENT OF THE COURT: NOËL J.A. DATED: June 19, 2001 APPEARANCES: Bruno Barrette FOR THE APPELLANT Joanne Boudreau FOR THE RESPONDENT SOLICITORS OF RECORD: Brouillette Charpentier Fortin Montréal, Quebec FOR THE APPELLANT Morris Rosenberg Deputy Attorney General of Canada Montréal, Quebec FOR THE RESPONDENT

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