TRADE-MARKS
Expungement
Appeal from federal Court decision (2004 FC 1703) overturning decision of Registrar of Trade-marks, ordering, in expungement proceeding for non-use of trade-mark under Trade-marks Act, s. 45, that certain wares, general class containing them be expunged – In deciding to expunge wares, general class, Federal Court exceeded scope of s. 45 – In expungement proceeding under s. 45, validity of registration not in dispute – Appeal allowed – Trade-marks Act, R.S.C., 1985, c. T-13, s. 45.
Ridout & Maybee LLP v. Omega SA (Omega SA) (Omega Ltd.) (A-676-04, 2005 FCA 306, Létourneau J.A., judgment dated 20/9/05, 4 pp.)
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