Date: 20020114
Docket: A-554-00
Neutral reference: 2002 FCA 11
CORAM: DESJARDINS J.A.
DÉCARY J.A.
NOËL J.A.
BETWEEN:
RENAUD COINTREAU & CIE
Appellant
and
CORDON BLEU INTERNATIONAL LTÉE
Respondent
Hearing held at Montréal, Quebec on January 14, 2002.
Judgment from the bench at Montréal, Quebec on January 14, 2002.
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A.
Date: 20020114
Docket: A-554-00
Neutral reference: 2002 FCA 11
CORAM: DESJARDINS J.A.
DÉCARY J.A.
NOËL J.A.
BETWEEN:
RENAUD COINTREAU & CIE
Appellant
and
CORDON BLEU INTERNATIONAL LTÉE
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec
on January 14, 2002.)
DÉCARY J.A.
[1] In view of the wording of the description of services for which this trade mark was registered, namely "recipes, suggestions and other instructive matter printed on the food product labels, said printed matter being applicable to the preparation, the cooking and/or improvement of said food products" [our emphasis], it cannot be said, in respect of this proceeding to strike for non-use brought pursuant to s. 45 of the Trade-Marks Act - a proceeding in which the validity of the registration cannot be called in question - that the Registrar could not reasonably conclude that proof of use of the mark had been presented.
[2] The judgment by Tremblay-Lamer J. (2000), 193 F.T.R. 182, will therefore be affirmed and the appeal dismissed with costs.
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Robert Décary J.A. |
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
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FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20020114 Docket: A-554-00 Between: RENAUD COINTREAU & CIE Appellant and CORDON BLEU INTERNATIONAL CIE Respondent REASONS FOR JUDGMENT OF THE COURT |
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
FILE: A-554-00
CORAM: DESJARDINS J.A.
DÉCARY J.A.
NOËL J.A.
STYLE OF CAUSE: RENAUD COINTREAU & CIE
Appellant
and
CORDON BLEU INTERNATIONAL LTÉE
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: January 14, 2002
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A.
DATED: January 14, 2002
APPEARANCES:
François Guay FOR THE APPELLANT
Ekaterina Tsimberis
Barry Gamache FOR THE RESPONDENT
SOLICITORS OF RECORD:
SMART & BIGGAR FOR THE APPELLANT
Montréal, Quebec
LÉGER, ROBIC RICHARD FOR THE RESPONDENT
Montréal, Quebec