Date: 20101130
Docket: A-163-10
Citation: 2010 FCA 326
CORAM: SHARLOW J.A.
TRUDEL J.A.
STRATAS
J.A.
BETWEEN:
WORLDWIDE DIAMOND TRADEMARKS
LIMITED
Appellant
and
CANADIAN JEWELLERS ASSOCIATION
Respondent
Heard at Vancouver,
British Columbia, on November 30, 2010.
Judgment delivered from the Bench at Vancouver, British Columbia, on November 30, 2010.
REASONS
FOR JUDGMENT OF THE COURT BY: SHARLOW J.A.
Date: 20101130
Docket: A-163-10
Citation: 2010 FCA 326
CORAM: SHARLOW
J.A.
TRUDEL
J.A.
STRATAS J.A.
BETWEEN:
WORLDWIDE DIAMOND TRADEMARKS LIMITED
Appellant
and
CANADIAN JEWELLERS ASSOCIATION
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Vancouver, British Columbia, on November 30, 2010)
SHARLOW J.A.
[1]
Despite
the able submissions of counsel for the appellant, we have not been persuaded
that Justice Kelen erred in law or misapplied paragraph 12(1)(b) of the Trade-Marks
Act, R.S.C. 1985, c. T-13, when he determined (2010 FC 309) that the
trade-marks in issue are clearly descriptive.
[2]
Nor
have we been persuaded that he failed to consider the trade-marks in their
entirety when he accepted that the distinctiveness of a composite mark (that
is, a mark composed of both words and a design element) may be tested by
“sounding” the words if the design element is found not to be dominant.
[3]
This
appeal will be dismissed.
“K.
Sharlow”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-163-10
STYLE OF CAUSE: WORLDWIDE
DIAMOND TRADEMARKS
LIMTED v.
CANADIAN
JEWELLERS ASSOCIATION
PLACE OF HEARING: Vancouver,
British Columbia
DATE OF HEARING: November 30, 2010
REASONS FOR JUDGMENT SHARLOW J.A.
OF THE COURT BY: TRUDEL J.A.
STRATAS J.A.
DELIVERED FROM THE BENCH BY: SHARLOW J.A.
APPEARANCES:
|
Karen F. MacDonald
Michael
D. Manson
|
FOR
THE APPELLANT
|
|
No one appeared
|
FOR
THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
Smart & Biggar
Vancouver,
British Columbia
|
FOR THE APPELLANT
|
|
|
|
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