Canada Court Allows Appeal From TMOB Over Full Effect of Word Mark

摘要

In a decision that underlines the advantages of having a registered trade-mark composed only of words (as opposed to words and designs), Canada's Federal Court allowed an appeal from a Trade-marks Opposition Board ("TMOB") decision which had rejected an opposition by the owner of the trade-mark PINNACLES against an application for registration of a design trade-mark that included the words DOMAINE PINNACLE (Constellation Brands Inc. et al v. Domaines Pinnacle Inc., 2015 FC 1083 (FC, Gagne J, September 16, 2015)). On June 3, 2004, the respondent Domaines Pinnacle Inc. filed with the Registrar of Trade-marks an application to register a word and design trade-mark DO-MAINE PINNACLE & DESIGN ("the trade-mark"), composed of both word (DOMAINE PINNACLE) and design elements (such as an apple and a snowflake). This application, as amended on July 13, 2005, mentioned that registration of the trade-mark was sought in association with apple-based alcoholic beverages along with apple-based non-alcoholic products such as juice, cider, purees, compotes, jellies, jams, pies, sauces and other similar food products.