Mr. Goodwrench Inc. v. General Motors Corp.
T-1907-92
Simpson J.
22/4/94
7 pp.
Appeal from Opposition Board's decision rejecting appellant's opposition and allowing application for trade mark "Goodwrench" made by respondent to be used in association with motor oil for automotive engines and automobile parts-Whether, pursuant to Act, s. 16(2) respondent entitled to registration of trade-mark "Goodwrench"-Use in normal course of trade, test applied to define and describe use of trade name-Single sale unlikely to suffice for purposes of Act, s. 16-Onus on incumbent registrant to justify continued registration with previous use under s. 44 should be less than onus on party wishing to demonstrate previous use under Act, s. 16(2)(c) in order to block appropriate registration; single use three years before filing date not sufficient-Evidence showing appellant without normal course of business in relevant wares-One use of trade name three years before filing date by company inactive for two years preceding filing date not constituting previous use in normal course of business-Appeal dismissed-Trade-marks Act, R.S.C., 1985, c. T-13, ss. 16(2)(c), 30(d).