[2012] 2 F.C.R. D-13
TRADE-MARKS
Registration
Appeal from Federal Court decision (2011 FC 58) dismissing appellant’s appeal from Registrar of Trade-marks decision determining that trade-mark TEACHERS’ not registrable because clearly descriptive of character of appellant’s services—Appeal of Registrar’s decision dismissed on basis Registrar not erring in concluding that proposed trade-mark not registrable—Whether Federal Court erring in concluding that trade-mark clearly descriptive pursuant to Trade-marks Act, R.S.C, 1985, c. T-13, s. 12(1)(b)—Proper test for determination one of first impression in mind of normal or reasonable person—Word “clearly” in s. 12(1)(b) conveying idea that it must be self-evident, plain or manifest, that trade-mark descriptive of wares or services—Word “character” at s. 12(1)(b) defined by case law to mean feature, trait or characteristic belonging to wares or services—Normal or reasonable person readily understanding that appellant administering pension plan for teachers, providing them with management, investment services in regard to pension fund—Only possible meaning of word TEACHERS’, when used in association with appellant’s services, one that is plain, self-evident or manifest—Word TEACHERS’ clearly describing those whose pension plan appellant administering, in whose benefit management, investment services of pension fund rendered, describing highly prominent feature, trait or characteristic belonging to appellant’s services—Word TEACHERS’ thus clearly describing inherent or intrinsic character or quality of appellant’s wares—Appeal dismissed.
Ontario Teachers’ Pension Plan Board v. Canada (A-75-11, 2012 FCA 60, Nadon J.A., judgment dated February 21, 2012, 21 pp.)