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Brochures and Invoices Demonstrate Evidence of Use

In Cameron IP v. Haldex AB, Cameron was unsuccessful in its appeal from a decision by a Hearing Officer of the Trade-mark Opposition Board which maintained, in part, the registration of a word mark for HALDEX (TMA 693,747) and a design mark for HALDEX (TMA 667,821).

Cameron originally sought to expunge both marks pursuant to section 45 of the Trade-marks Act. Haldex was required to produce evidence showing that it had used the marks in Canada during the previous three year period. In producing its evidence, Haldex relied upon a brochure and three invoices. The Officer concluded that the brochure and invoices demonstrated evidence of use, but not for all of the registered good and services. The good and services for which no use had been demonstrated were to be deleted from the registrations. The Officer deleted most of the services from the register. The amended statements of services for the marks were limited to sales and distribution, and/or the manufacture of motor vehicle parts.

On appeal to the Federal Court, Cameron maintained that the two marks should be expunged as use had not been established with respect to the goods and services. Mr. Justice Beaudry held the brochure and invoices were all marked with the HALDEX mark. The invoices listed products transferred during the relevant time, and the trade-marks were marked on the products themselves, displayed on the packaging, displayed on the invoices, and displayed on the brochure. The products were manufactured, sold and distributed by Haldex. Holding it was reasonable to conclude that the marks were used in association with the goods and services maintained by the Officer, Justice Beaudry dismissed the appeal.

A copy of the Judgment and Reasons of Justice Beaudry may be found here.