Cable Control Systems Inc. v. Electrical Safety Authorithy

Cable Control Systems Inc. v. Electrical Safety Authorithy

The Registrar reasonably accepted the Spring 2010 Newsletter as evidence that ESA had adopted and used the DIG SAFE mark and the additional evidence would not have materially affected the Registrar's decision; therefore the application for judicial review was dismissed and costs awarded to the respondent.

Citation
2012 FC 1272
Parties
Applicant: Cable Control Systems Inc.; Respondent: Electrical Safety Authority
Court
Federal Court
Jurisdiction
Canada
Judgment Date
31 October 2012
Procedural Posture
Judicial Review / Judicial Review Decision
Outcome
Application for judicial review dismissed; costs awarded to the respondent.
Legal Topics
Official Marks, Adoption and Use, Standard of Review, Public Notice, Evidence
Source Language
English
Trade Marks Administrative Law Intellectual Property Official Marks Adoption and Use Standard of Review Public Notice Evidence

Case Brief

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Parties

Cable Control Systems Inc.

Applicant

Electrical Safety Authority

Respondent

Procedural Posture

Judicial Review / Judicial Review Decision

Legal Issues

  1. 1 Whether ESA adopted and used DIG SAFE as an official mark prior to public notice
  2. 2 Whether the Registrar reasonably accepted the Spring 2010 Newsletter as evidence of adoption and use
  3. 3 Appropriate standard of review for Registrar's decision (reasonableness vs de novo)

Ratio Decidendi

The Registrar reasonably accepted the Spring 2010 Newsletter as evidence that ESA had adopted and used the DIG SAFE mark and the additional evidence would not have materially affected the Registrar's decision; therefore the application for judicial review was dismissed and costs awarded to the respondent.

Court Disposition

Application for judicial review dismissed; costs awarded to the respondent.

Orders

  • The Application for judicial review is dismissed.
  • Costs awarded to the Respondent.