Court Allows Review Of Ruling On Addition Of New Opposition Ground

摘要

In a recent judgment, Canada's Federal Court allowed review of the Registrar's refusal to grant leave to the Applicant to amend its statement of opposition to include an additional ground of opposition. That ground related to the Respondent's satisfaction of its entitlement to use its mark (section 30 (i) of the Trade-marks Act) in combination with another provision in the Act concerning the depreciation of the goodwill attached to an opponent's registered trade-mark (section 22 of the Act). (Parmalat Canada Inc. v. Sysco Corporation, 2008 FC 1104 (CanLII), October 2, 2008).