Intuit Canada Inc. v. Quicklaw Inc.

Intuit Canada Inc. v. Quicklaw Inc.

The Registrar's findings that Quicklaw had demonstrated use of QUICKTAX and a family of QUICK marks by the relevant date were supported by unchallenged affidavit evidence and sufficient sales/advertising evidence; the Registrar's decision was reasonable and entitled to deference, therefore the appeal is dismissed...

Source-derived case information.

Citation
2002 FCT 633
Parties
Applicant: Intuit Inc.; Respondent: Quicklaw Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
4 June 2002
Procedural Posture
Appeal of Registrar Decision Under Trade Marks Act (opposition) / Federal Court Trial Division Appeal From Trade Marks Opposition Board Decision
Outcome
Appeal dismissed
Legal Topics
Distinctiveness, Family of Marks, Use and Abandonment, Evidentiary Burden, Standard of Review
Source Language
english
Trade Marks Intellectual Property Administrative Law Distinctiveness Family of Marks Use and Abandonment Evidentiary Burden Standard of Review

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Parties

Intuit Inc.

Applicant

Quicklaw Inc.

Respondent

Procedural Posture

Appeal of Registrar Decision Under Trade Marks Act (opposition) / Federal Court Trial Division Appeal From Trade Marks Opposition Board Decision

Legal Issues

  1. 1 Did the Registrar err in finding that Quicklaw had established a family of trade-marks?
  2. 2 Did the Registrar err in requiring the opponent to negate distinctiveness of the applied-for mark in the context of Quicklaw's family of marks?
  3. 3 Whether Quicklaw proved prior use and distinctiveness of QUICKTAX as of the relevant date

Ratio Decidendi

The Registrar's findings that Quicklaw had demonstrated use of QUICKTAX and a family of QUICK marks by the relevant date were supported by unchallenged affidavit evidence and sufficient sales/advertising evidence; the Registrar's decision was reasonable and entitled to deference, therefore the appeal is dismissed and the Registrar's rejection of the opposition is upheld.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to the respondent
  • Decision of the Trade-marks Opposition Board dated June 30, 2000 is upheld