Starbucks (HK) Limited v. Trinity Television Inc., 2016 FC 790

In 2001, the Registrar of Trademarks gave public notice of the adoption and use of NOWTV as an official mark by Trinity. At the time, Trinity was a registered charity. In October 2013, the Applicant sought to register NOW TV & Design, which was denied on the basis of Trinity's official mark. The Applicant brought this judicial review pursuant to s. 18.1 of theFederal Courts Act, to review the decision made in 2001. Trinity did not participate in the proceeding because the business had been sold in 2005.

The Court noted the standard of review and found that the issues were all to be assessed on a reasonableness standard. The Court then found that the Applicant has standing because it is directly affected by the matter in that the official mark was cited against its application, preventing its registration. Further, the 2001 decision is unreasonable because the charity status is insufficient to render an entity as a "public authority", which is necessary to obtain an official mark. Finally, the Court granted the extension of time requested by the Applicant to bring the application. The Court denied costs to the Respondent on the basis, inter alia, that the proceeding was simply a correction of the Register.