Cameron IP v. Haldex AB, 2015 FC 1000 (Beaudry, J.)
August 24, 2015
Jonathan Fung of Lindsay Kenney LLP for the Applicant Cameron IP
Christine E. Hicks of Hicks Intellectual Property Law for the Respondent Haldex AB
Haldex owns trademark registrations for HALDEX and HALDEX & Design. Cameron IP initiated non-use cancellation proceedings against these registrations. In response, Haldex filed evidence of use, which consisted of two affidavits, a brochure and three invoices, attesting to the use of the marks in Canada during the relevant period. The Registrar found the evidence to be sufficient for some goods and services, but lacking for others. She maintained the registrations, but deleted some goods and services. Cameron IP appealed to the Federal Court of Canada.
The Court held that it was reasonable for the Registrar to conclude that there was use of the marks on goods, having considered the invoices in conjunction with the affiant’s attestations in his affidavit. The goods were listed on the invoices, and as such it was reasonable for the Registrar to conclude that there was transfer of the goods. In addition, the affiant affirmed that the trade-mark was marked on the products themselves, displayed on the packaging, displayed on the brochure and displayed on the invoices.
The Court also held that it was reasonable for the Registrar to conclude that there was use of the marks for some of the services. The invoices and brochure were all marked with the HALDEX mark. The affiant stated that the products were manufactured by Haldex Inc. and sold and distributed by Haldex Limited. The affiant provided statements which clearly attested to the registrant’s control over the character and quality of the products sold by Haldex Limited. Thus, it was reasonable for the Registrar to conclude that the mark was used in association with sales and distribution activities as well as the manufacture of motor vehicle parts.
The appeal was dismissed.
By: Hung Nguyen, Deeth Williams Wall LLP