Sadhu Singh Hamdard Trust v. Canada (Registraire des marques de commerce), 2007 CAF 355 (2007)

Date: 20071102

Docket: A-93-06

Citation: 2007 FCA 355

CORAM: LÉTOURNEAU J.A.

PELLETIER J.A.

RYER J.A.

BETWEEN:

SADHU SINGH HAMDARD TRUST

Appellant

and

THE REGISTRAR OF TRADE-MARKS

Respondent

and

AJIT NEWSPAPER ADVERTISING, MARKETING AND

COMMUNICATIONS, INC.

Respondent

Heard at Ottawa, Ontario , on September 5, 2007.

Judgment delivered at Ottawa, Ontario , on November 2 , 2007.

REASONS FOR JUDGMENT BY: PELLETIER J.A.

CONCURRED IN BY: LÉTOURNEAU J.A.

RYER J.A.

Date: 20071102

Docket: A-93-06

Citation: 2007 FCA 355

CORAM: LÉTOURNEAU J.A.

PELLETIER J.A.

RYER J.A.

BETWEEN:

SADHU SINGH HAMDARD TRUST

Appellant

and

THE REGISTRAR OF TRADE-MARKS

Respondent

and

AJIT NEWSPAPER ADVERTISING, MARKETING AND

COMMUNICATIONS, INC.

Respondent

REASONS FOR JUDGMENT

PELLETIER J.A.

INTRODUCTION

[1] The appeal is from the decision of von Finckenstein J. of the Federal Court, reported as Hamdard v. Canada (Registrar of Trade-Marks) , 2006 FC 171, [2006] F.C.J. No. 198, dismissing the appellant's motion for an extension of time to file a Notice of Appeal from the decision of the Registrar allowing the registration of the respondent's trade-mark. The fact which makes this case unique is that the appellant seeks to exercise its right of appeal under section 56 of the Trade-marks Act , R.S.C. 1985, c. T-13 (the Act) after the registration of the trade-mark.

THE FACTS

[2] On January 20, 2004, the respondent filed an application for the registration of its trade-mark, AJIT WEEKLY Design, an application which was advertised on November 10, 2004. The time for filing a Statement of Opposition began to run from that date and expired two months later on January 10, 2005...

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