Canadian distillery permitted to register ‘Glen Breton’ to describe single malt whisky originating from Nova Scotia

摘要

The Federal Court of Appeal has ruled that a distillery in Cape Breton, Nova Scotia may register the name GLEN BRETON to describe its single malt whisky. Justice Sexton, writing for a unanimous Court, held that the term ‘Glen’ did not necessarily designate whiskies only originating from Scotland; nor should the trade mark GLEN BRETON be artificially dissected as to place undue emphasis on the word ‘Glen’. Glen, by itself, was merely a segment of a mark; and not a mark per se within the meaning of section 10 of the Trade-marks Act.