Unitel International Inc. v. Canada ( Registrar of Trade-marks )
T-1202-98
Pinard J.
15/1/99
7 pp.
Appeal from Registrar of Trade-marks' refusal to register applicant's trade-mark "Unitel" for use in association with radio/telecommunications equipment, land mobile radios-Trade-marks Examiner reporting applicant apparently not person entitled to registration of trade-mark "Unitel" since claimed date of first use subsequent to date of first use claimed in application by Canadian Pacific Telecommunications Inc., predecessor to AT & T Canada Long Distance Services Company-Applicant's trade-mark remaining in state of suspension for next seven years as result of several extensions of time requested by it-In meantime, AT & T trade-mark proceeded to publication in Trade-marks Journal for opposition purposes-Whether Registrar owing to applicant duty to have application advertised for opposition purposes prior to satisfying herself "applicant not person entitled to registration of trade-mark because confusing with another trade-mark for registration of which application pending" as stated in Trade-marks Act, s. 37(1)(c)-Applicant submitting Registrar's refusal should be set aside because barring applicant access to quasi-judicial process of opposition procedure set out in Act-Appeal dismissed-(1) Given structure, plain meaning of s. 37(1), Parliament not intending to require Registrar to cause application to be advertised if satisfied one of circumstances stated in paragraph (a), (b) or (c) present-(2) Scheme of Act as whole providing person in situation analogous to that of applicant with sufficient guarantees of procedural fairness-In context of refusal pursuant to s. 37(1)(c), s. 37(2) already providing applicant with opportunity to be notified of Registrar's objections, reasons for those objections, and to be given adequate opportunity to answer those objections prior to Registrar's decision-Scheme of legislation also permitting such applicant full opportunity to question pending application of another person through opposition proceedings, courts-Act, ss. 38, 39, Trade-marks Regulations, ss. 35 to 47 containing comprehensive code allowing party to properly oppose proposal to register trade mark after advertised, entitling such party to adduce evidence, make representations to Registrar in that regard-Additionally, any decision of Registrar, including decision to register trade mark may be appealed to Federal Court, which also has jurisdiction to enforce any provision of Act (ss. 55 to 61)-Registrar, after having fully complied with requirements of s. 37(2), and having considered applicant's objections, could properly refuse latter's application on basis information submitted correct-Trade-marks Act, R.S.C., 1985, c. T-13, ss. 37, 38 (as am. by S.C. 1992, c. 1, s. 134; 1993, c. 15, s. 66), 39 (as am. by S.C. 1993, c. 15, s. 67), 55, 56, 57, 58, 59, 60 (as am. by S.C. 1995, c. 1, s. 62), 61-Trade-marks Regulations, SOR/96-195, ss. 35 to 47.