Spirits International B.V. v. BCF S.E.N.C.R.L.

The Federal Court upheld a decision by the Registrar of Trade-marks, expunging a trade-mark registration. The Registrar expunged the trade-mark on the basis that the evidence was insufficient to allow it to conclude that the sales of the wares in association with the trade-mark by a particular company would benefit the trade-mark owner. In particular, the Registrar found that the Applicant had failed to establish that it asserted control over the quality or character of the registered wares. The Federal Court upheld this decision.