A recent decision issued by the Federal Court segues our discussion last week regarding the Comité Interprofessionnel du Vin de Champagne bringing an action in passing off to this week’s topic of “use” as a requirement for maintaining a trademark.
The Federal Court dismissed the Comité Interprofessionnel du Vin de Champagne’s appeal of a decision of the Registrar to uphold Coors’s registrations for the trademarks “The Champagne of Beers”. Coors had acquired the marks by a merger six months before the end of the three-year period of non-use. Coors had relied on section 45(3) of the Trademarks Act to demonstrate the reason for the absence of use of the mark.
The Registrar determined that while an assignment or change in title does not, in itself, constitute a special circumstance, in this case, the period of non-use was minimal, was a sizable acquisition ($12 billion), and required regulatory approvals without which Coors could not begin using the marks. Together, this was found to be beyond the control of the Owner and, therefore, a special circumstance which excused the non-use.
Communications Law