What is the test for expunge a trade mark?
Canada (Federal), Canada
The following excerpt is from General Motors du Canada v. Décarie Motors Inc., 1998 CanLII 8584 (FC):
Also on this issue, see the comments by Cattanach J. in Mr. P"s Mastertune Ignition Services v. Tune Masters:5 I should think that when a trade mark has been registered there is a presumption of its validity. Being a presumption, however, that presumption is subject to rebuttal. Thus it follows that the party who seeks to expunge a trade mark as being invalid must bear the onus of doing so and if doubt exists that doubt must be resolved in favour of the validity of the trade mark.
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