Melena Produce, Inc. v. Agricola San Isidro de Culliacan, S.P.R. de R.I.
The Applicant sought to expunge the Respondent’s trade-marks (Marks). The Respondent did not oppose the application. The Court considered the evidence filed in support of the application, and held that the Applicant is a person interested, the Marks do not define the Respondent’s existing rights because the Respondent has never used these Marks in Canada, and the Marks do not distinguish the Respondent’s wares from those of the Applicant. Accordingly, the Marks were expunged.
