Cliche v. Canada (Attorney General)

Cliche v. Canada (Attorney General)

No significant new admissible evidence was introduced so the Court applied a reasonableness standard and reasonably concluded the Registrar did not err in finding the mark "North America Trade" clearly descriptive of the applicant’s specified services under s.12(1)(b); disclaimer and prior registrations did not alter registrability.

Citation
2012 FC 564
Parties
Applicant: Stephan Cliche; Respondent: Attorney General of Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
10 May 2012
Procedural Posture
Appeal Under Trade Marks Act (s.56) — Judicial Review of Registrar Decision / Judgment (federal Court)
Outcome
Application for judicial review dismissed; Registrar’s decision upheld.
Legal Topics
Descriptiveness, Registrability, Standard of Review, Disclaimer, Evidence Admissibility
Source Language
English
Intellectual Property Trade Marks Law Administrative Law Descriptiveness Registrability Standard of Review Disclaimer Evidence Admissibility

Case Brief

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Parties

Stephan Cliche

Applicant

Attorney General of Canada

Respondent

Procedural Posture

Appeal Under Trade Marks Act (s.56) — Judicial Review of Registrar Decision / Judgment (federal Court)

Legal Issues

  1. 1 Whether the mark "North America Trade" is clearly descriptive under s.12(1)(b) of the Trade-marks Act
  2. 2 Appropriate standard of review given new evidence (reasonableness vs de novo)
  3. 3 Admissibility and weight of new evidence (affidavits, database printouts, Google results)

Ratio Decidendi

No significant new admissible evidence was introduced so the Court applied a reasonableness standard and reasonably concluded the Registrar did not err in finding the mark "North America Trade" clearly descriptive of the applicant’s specified services under s.12(1)(b); disclaimer and prior registrations did not alter registrability.

Court Disposition

Application for judicial review dismissed; Registrar’s decision upheld.

Orders

  • Application for judicial review dismissed with costs.
  • Registrar’s refusal to register the trade-mark "North America Trade" (decision dated March 3, 2011) is upheld.