A Lassonde Inc. v. Canada (Registrar of Trade Marks)

A Lassonde Inc. v. Canada (Registrar of Trade Marks)
Court (s) Database
Federal Court of Appeal Decisions
Date
2001-06-19
Neutral citation
2001 FCA 207
File numbers
A-107-00
Decision Content
Date: 20010619
Docket: A-107-00
MONTRÉAL, QUEBEC, THE 19TH DAY OF JUNE, 2001
Coram: DÉCARY
LÉTOURNEAU
NOËL JJ.A.
Matter concerning sections 57 and 58
of the Trade-marks Act, R.S.C. 1985, c. T-13
AND IN THE MATTER of an appeal from the judgment rendered January 25, 2000
in the Federal Court of Canada, Trial Division,
by the Honourable Mr. Justice Pierre Blais in docket no. T-1037-99
Between:
A. LASSONDE INC.
Appellant
AND
THE REGISTRAR OF TRADE MARKS
Respondent
JUDGMENT
The appeal is dismissed with costs.
"Robert Décary"
J.A.
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
Date: 20010619
Docket: A-107-00
Neutral Citation: 2001 FCA 207
Coram: DÉCARY
LÉTOURNEAU
NOËL JJ.A.
Matter concerning sections 57 and 58
of the Trade-marks Act, R.S.C. 1985, c. T-13
AND IN THE MATTER of an appeal from the judgment rendered January 25, 2000
in the Federal Court of Canada, Trial Division,
by the Honourable Mr. Justice Pierre Blais in docket no. T-1037-99
Between:
A. LASSONDE INC.
Appellant
AND
THE REGISTRAR OF TRADE MARKS
Respondent
Hearing held in Montréal, Quebec, Tuesday, June 19, 2001
Judgment pronounced at the hearing in Montréal, Quebec, Tuesday, June 19, 2001
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20010619
Docket: A-107-00
Neutral Citation: 2001 FCA 207
Coram: DÉCARY
LÉTOURNEAU
NOËL JJ.A.
Matter concerning sections 57 and 58
of the Trade-marks Act, R.S.C. 1985, c. T-13
AND IN THE MATTER of an appeal from the judgment rendered January 25, 2000
in the Federal Court of Canada, Trial Division,
by the Honourable Mr. Justice Pierre Blais in docket no. T-1037-99
Between:
A. LASSONDE INC.
Appellant
AND
THE REGISTRAR OF TRADE MARKS
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Pronounced at the hearing in Montréal, Quebec
Tuesday, June 19, 2001)
NOËL J.A.
[1] Notwithstanding his valiant efforts, Mr. Barrette has not persuaded us that the trial judge (whose decision is reported at (2000), 180 F.T.R. 177) erred in finding that the disputed trade mark is clearly descriptive of the products in regard to which the appellant proposes to use it and therefore is not registrable under paragraph 12(1)(b) of the Trade-marks Act.
[2] The appeal will therefore be dismissed with costs.
"Marc Noël"
J.A.
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20010619
Docket: A-107-00
Between:
A. LASSONDE INC.
Appellant
AND
THE REGISTRAR OF
TRADE MARKS
Respondent
REASONS FOR JUDGMENT OF THE COURT
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
FILE NO: A-107-00
CORAM: DÉCARY
LÉTOURNEAU
NOËL JJ.A.
STYLE: A. LASSONDE INC.
Appellant
AND
THE REGISTRAR OF
TRADE MARKS
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: June 19, 2001
REASONS FOR JUDGMENT OF THE COURT: NOËL J.A.
DATED: June 19, 2001
APPEARANCES:
Bruno Barrette FOR THE APPELLANT
Joanne Boudreau FOR THE RESPONDENT
SOLICITORS OF RECORD:
Brouillette Charpentier Fortin
Montréal, Quebec FOR THE APPELLANT
Morris Rosenberg
Deputy Attorney General of Canada
Montréal, Quebec FOR THE RESPONDENT