BETWEEN:
WORLDWIDE DIAMOND TRADEMARKS LIMITED
and
CANADIAN JEWELLERS ASSOCIATION
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)
[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.
STRATAS J.A.
DELIVERED FROM THE BENCH BY: SHARLOW J.A.
APPEARANCES:
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Michael D. Manson
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FOR THE APPELLANT
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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Vancouver, British Columbia
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FOR THE APPELLANT
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