This was an appeal from two decisions of the Registrar of Trade-Marks expunging two Cohiba cigars trade-marks.
The Court concludes that:
1. The new evidence submitted by MBM would have materially affected the Registrar’s decision with respect to whether the use of the COHIBA trade-mark for the sale of cigars and cigarillos constitutes use of “manufactured tobacco for smoking and chewing” as listed in the COHIBA trade-mark statement of wares;
2. Cigars and cigarillos are “manufactured tobacco for smoking or chewing” and therefore fall within this general class in the statement of wares for the COHIBA trade-mark registration;
3. The new evidence before the Court would have materially affected the Registrar’s decision with respect to whether the COHIBA and COHIBA & DESIGN trademarks were used by the applicant; and
4. The applicant demonstrated to the Court its control over the character and quality of the cigars and cigarillos sold in Canada so as to constitute use by the applicant of the COHIBA and COHIBA & DESIGN trade-marks in Canada.
For these reasons, the Court allows the appeals with respect to the Registrar’s decisions to expunge the COHIBA & DESIGN trade-mark with regard to “cigars and cigarillos”, and the COHIBA trade-mark with regard to “manufactured tobacco for smoking and chewing”.
Read the full decision here.