Chwaja v. 0710674 BC Ltd. DBA Cottonmouth, 2025 FC 312
Justice Fothergill - 2025-02-18
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A decision from the Federal Court addresses an appeal regarding a trademark application that was deemed abandoned by the Trade-marks Opposition Board (TMOB). The applicant failed to file a required counter statement by the specified deadline, which triggered the abandonment under section 38(11) of the Trade-marks Act. The applicant argued that the TMOB should have the discretion to extend the deadline retroactively; however, the TMOB asserted that it lacked jurisdiction to revive the abandoned application. The appeal centred on whether the TMOB's decision to abandon the application was erroneous. The Court upheld the TMOB's ruling, finding no error in declaring the application abandoned, based on established jurisprudence regarding the functus officio doctrine, which prevents revisiting final decisions. The appeal was dismissed, and costs were awarded to the opposing party.
Decision relates to:
- T-831-23 - Michal Chwaja v. 0710674 BC Ltd. DBA CottonMouth