Oct 8, 2014

Insufficient evidence of use, registration amended

Macrae & Co. v Prestige (1373639 Alberta Ltd), 2014 TMOB 145 (CanLII)

Mark: PRESTIGE

Relevant period: March 29, 2009 – March 29, 2012

Requestor: Macrae & Co.

Trade-mark Owner: 1373639 Alberta Ltd.

Wares: (1) Mattresses and matching foundation; (2) bed pillows

Requestor initiated s.45 proceedings against PRESTIGE mark - Owner furnishing affidavit of representative from Sears – Sears using Mark pursuant to licensing agreement with Owner – Affidavit containing invoices of sales during the relevant period and photographs of packaging of bed pillows – Registration maintained for wares (2)

Requestor initiated s.45 proceedings against PRESTIGE mark - Owner furnishing affidavit of representative from Sears – Sears using Mark pursuant to licensing agreement with Owner – Affidavit silent on sales of mattresses and matching foundation - Registration amended to delete wares (1)