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Industrial And Intellectual Property

Federal Court of Appeal

TRADEMARKS Application to expunge marks was properly dismissed Respondent registered trade-marks using parties’ family name, “MIRANDA”, in association with design and installation of windows, doors and aluminum railings and other home renovation products. Appellant’s application to expunge marks was dismissed. Appeal dismissed. Judge found respondent did not misrepresent date of first use of mark when applying to register. Judge found parties’ family name acquired distinctiveness either by date when respondent applied to register or date when appellant commenced proceedings. Judge found name did not falsely suggest connection with living person. Judge made no error in findings. Miranda Aluminum Inc. v. Miranda Windows & Doors Inc. (Apr. 16, 2010, F.C.A., Noel, Evans and Dawson JJ.A., File No. A-382-09) Decision at 178 A.C.W.S. (3d) 1030, 76 C.P.R. (4th) 47 was affirmed. 188 A.C.W.S. (3d) 840 17 pp.).