Simon's Legal Resources

Trademarks - Abandonment

. Sea Tow Services International, Inc. v. C-Tow Marine Assistance Ltd.

In Sea Tow Services International, Inc. v. C-Tow Marine Assistance Ltd. (Fed CA, 2026) the Federal Court of Appeal dismissed trademark appeals, these brought against "two decisions of the Federal Court, one decision addressing the substance of a trademark dispute .... and a second decision awarding costs in light of the Trademark Decision ....".

Here the court considers trademark 'abandonment':

[61] .... The test for abandonment has two parts: the trademark must have ceased to have been used and the trademark owner must have intended to abandon the mark (Marineland at 574; see also Bedessee Imports Ltd. v. GlaxoSmithKline Consumer Healthcare (UK) IP Limited, 2020 FCA 94 at para. 35 (Bedessee Imports), citing Iwasaki Electric Co. Ltd. v. Hortilux Schreder B.V., 2012 FCA 321 at para. 21 (Iwasaki)). In addition, abandonment may be inferred from long disuse or from the adoption of a new mark in place of an older, unused mark: Labatt Brewing Co. v. Molson Breweries, A Partnership, 42 C.P.R. (3d) 481, 1992 CanLII 15483 at 490–93 (FC); see also Iwasaki at para. 21. ....