FCA US LLC v. Pentastar Transportation Ltd.

FCA US LLC v. Pentastar Transportation Ltd.

The Court upheld the Registrar: under the reasonableness standard the Gurba affidavit and attached material provided sufficient prima facie evidence of use during the relevant period to satisfy s.45's low threshold; any hearsay issues went to weight given the summary nature of s.45 proceedings; no new evidence was adduced so deference to the Registrar's factual assessment was required.

Citation
2019 FC 745
Parties
Applicant: FCA US LLC; Respondent: Pentastar Transportation Ltd.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
28 May 2019
Procedural Posture
Appeal Under S.56 of the Trade Marks Act From Registrar's Section 45 Decision / Judgment (federal Court)
Outcome
Appeal dismissed; Registrar's decision upheld maintaining registration for services and expunging goods
Legal Topics
Use Under Section 45, Standard of Review (reasonableness Vs Correctness), Hearsay Admissibility, Expungement Procedure, Section 45 Burden of Proof
Source Language
English
Intellectual Property Trade Mark Law Administrative Law Evidence Law Use Under Section 45 Standard of Review (reasonableness Vs Correctness) Hearsay Admissibility Expungement Procedure +1 more

Case Brief

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Parties

FCA US LLC

Applicant

Pentastar Transportation Ltd.

Respondent

Procedural Posture

Appeal Under S.56 of the Trade Marks Act From Registrar's Section 45 Decision / Judgment (federal Court)

Legal Issues

  1. 1 What is the applicable standard of review?
  2. 2 Did the Registrar improperly admit hearsay evidence?
  3. 3 Was the Registrar's decision reasonable in finding use of the Mark in association with services?

Ratio Decidendi

The Court upheld the Registrar: under the reasonableness standard the Gurba affidavit and attached material provided sufficient prima facie evidence of use during the relevant period to satisfy s.45's low threshold; any hearsay issues went to weight given the summary nature of s.45 proceedings; no new evidence was adduced so deference to the Registrar's factual assessment was required.

Court Disposition

Appeal dismissed; Registrar's decision upheld maintaining registration for services and expunging goods

Orders

  • Appeal dismissed
  • Registration maintained with respect to services and goods expunged as per Registrar's Decision