Date: 19990222
Docket: T-2482-97
IN THE MATTER OF an Appeal pursuant to Section |
56 of the Trade-marks Act R.S.C. 1985, c. T-13 from |
a Decision of the Registrar dated September 17, 1997, |
rejecting the Opposition by Novopharm Ltd. to Canadian |
Trade-mark Application No. 630,537 for the mark |
TABLET DESIGN filed by Ciba-Geigy Canada Ltd. |
BETWEEN: NOVOPHARM LTD.
Appellant
- and -
CIBA-GEIGY CANADA LTD.
and
REGISTRAR OF TRADE-MARKS
Respondents
Docket: T-2483-97
IN THE MATTER OF an Appeal pursuant to Section |
56 of the Trade-marks Act R.S.C. 1985, c. T-13 from |
a Decision of the Registrar dated September 17, 1997, |
rejecting the Opposition by Apotex Inc. to Canadian |
Trade-mark Application No. 630,536 for the trade-mark |
TABLET DESIGN filed by Ciba-Geigy Canada Ltd. |
BETWEEN: APOTEX INC.
Appellant
- and -
CIBA-GEIGY CANADA LTD.
and
REGISTRAR OF TRADE-MARKS
Respondents
Docket: T-224-98
IN THE MATTER OF an Appeal pursuant to Section |
56 of the Trade-marks Act R.S.C. 1985, c. T-13 from |
a Decision of the Registrar dated December 9, 1997, |
rejecting the Opposition by Novopharm Limited to |
Canadian Trade-mark Application No. 692,410 for |
the mark CAPSULE DESIGN BROWN-PINK filed |
by Astra Aktiebolag (formerly Aktiebolaget Astra) |
BETWEEN: NOVOPHARM LIMITED
Appellant
- and -
ASTRA AKTIEBOLAG
and
REGISTRAR OF TRADE-MARKS
Respondents
REASONS FOR ORDER
REED J. (Orally)
[1] These three motions seek dismissal of the respective appeals on the grounds of delay.
[2] There has been delay and I agree that the philosophy of the new rules is that the Court is not prepared to brook delay. The delay in this case, however, was caused by a number of unfortunate incidents that occurred at approximately the same time, none of which were the result of the direct actions of the clients.
[3] First there were the health difficulties of counsel, then, the reorganization of law firms consequent thereon. This, unfortunately, was accompanied by a certain amount of disorganization and uncertainty as to the responsibilities of counsel. Then, there was the uncertainty arising as a result of the new rules, and whether or not they were applicable - uncertainty in which the Court itself played a part by giving conflicting advice. Then, there was the illness of a father (counsel's father) and the Trade-mark Office's difficulty in finding, or at last knowing where, the relevant files were.
[4] These are not circumstances in which I think the Court should dismiss for delay. It would be wrong to do so. The delay has been explained.
[5] I do not need to consider whether or not prejudice exists, or the merits of the appeals. I note, however, with respect to the former, that these cases are not ones to which great urgency has attached.
[6] I am prepared to impose a schedule for the completion of the appeals if such is desired.
"B. Reed"
Judge
Toronto, Ontario
February 22, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-2482-97 |
T-2483-97 |
T-224-97 |
STYLE OF CAUSE: Docket: T-2482-97 |
NOVOPHARM LTD. |
Appellant
- and - |
CIBA-GEIGY CANADA LTD. |
and |
REGISTRAR OF TRADE-MARKS |
Respondents
Docket: T-2483-97 |
APOTEX INC. |
Appellant
- and - |
CIBA-GEIGY CANADA LTD. |
and |
REGISTRAR OF TRADE-MARKS |
Respondents
Docket: T-224-98 |
NOVOPHARM LIMITED |
Appellant
- and - |
ASTRA AKTIEBOLAG |
and |
REGISTRAR OF TRADE-MARKS |
Respondents
DATE OF HEARING: TUESDAY, FEBRUARY 23, 1999
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: REED, J.
DATED: TUESDAY, FEBRUARY 23, 1999
APPEARANCES: Mr. Warren Sprigings
For the Appellants
Mr. Gunars Gaikis and
Ms. Shonaugh McVean |
For the Respondents |
SOLICITORS OF RECORD: Hitchman & Sprigings
Barristers & Solicitors |
2340-120 Adelaide Street West |
Toronto, Ontario |
M5H 1T1 |
For the Appellants
Smart & Biggar |
Barristesr & Solicitors |
1500-438 University Avenue |
Box 111 |
Toronto, Ontario |
M5G 2R8 |
For the Respondents
FEDERAL COURT OF CANADA
Date: 19990222
Dockets: T-2482-97, T-2483-97 and T-224-98
Docket: T-2482-97
Between: |
NOVOPHARM LTD. |
Appellant
- and - |
CIBA-GEIGY CANADA LTD. |
and |
REGISTRAR OF TRADE-MARKS |
Respondents
Docket: T-2483-97
Between: |
APOTEX INC. |
Appellant
- and - |
CIBA-GEIGY CANADA LTD. |
and |
REGISTRAR OF TRADE-MARKS |
Respondents
Docket: T-224-98
Between: |
NOVOPHARM LIMITED |
Appellant
- and - |
ASTRA AKTIEBOLAG |
and |
REGISTRAR OF TRADE-MARKS |
Respondents
REASONS FOR ORDER