RE: SECTION 45 PROCEEDINGS
Trade-mark: DIMENSION 4 & Design
Registration No. 311,652
Registration Date: February 28, 1986
At the request of Analyses Conseils Informations ACI, the
Registrar of Trade-marks issued a section 45 notice on January 13,
1992 to Dimension 4 Microcomputer Services (Canada) Inc., the
registered owner of the trade-mark DIMENSION 4 & Design,
registration No. 311,652.
The trade-mark
DIMENSION 4 &
Design was
registered February 28, 1986 in association with "Computer software
designed for architectural/engineering offices in the nature of
project accounting and control systems", as well as services
identified as: "Conduct seminars for architects/engineers through-
out Canada in relation to the above mentioned wares".
In response to the Section 45 notice, the registrant submitted
the affidavit of Frank O/Connor, set out below.
Further, both
AFFIDAVIT
CANADA
PROVINCE OF ONTARIO
To wit:
)
)
)
)
)
)
IN THE MATTER OF
SECTION 45 PROCEEDINGS
TRADE-MARK DIMENSION 4
DESIGN
REGISTRATION NO. TMA 311,652
FILE NO: 532,177
1.
I, FRANK O'CONNOR, of the Town of Pickering make oath and say:
1.
I am the
President of Dimension 4 Microcomputer services
(Canada) Inc. which operates under the trademark Dimension 4.
2.
I have
been using the trademark Dimension 4 since the date of
registration which occurred on February 28, 1986.
1.
The trademark
Dimension 4 is used on all company business
cards, letter head, invoices, purchase orders and labels of
software discs and has been used
since the date of
registration and will continue to be used so long as I am. the
registered owner of Dimension 4 Microcomputer Services
(Canada) Inc. Attached hereto and marked as Exhibits are the
above-noted office stationery.
SWORN BEFORE ME at the Town
of Pickering in the )
Regional Municipality of )
Durham this 20 day of April,1992.) FRANK O'CONNOR
199 )
The second paragraph of the O'Connor affidavit is a conclusion
of law with respect to the registrant's use of the trade-mark
DIMENSION 4 & Design and therefore does not assist the registrant
in this proceeding. In the third paragraph, the affiant refers to
a number of exhibits annexed to his affidavit.
The first exhibit
is a business card and the third exhibit is an envelope, both of
which bear the trade-mark DIMENSION 4 & Design.
These exhibits
merely confirm the manner of use by the registrant of its mark.
However, no evidence has been furnished by the registrant which
would relate either the business card or the envelope to use of the
registered trade-mark in association with any of the wares or
2
services covered in the registrant's registration. As a result,
this evidence does not assist the registrant in this proceeding.
The second exhibit appears to be a letter dated March 27,
1992. However, this document is dated subsequent to the date of
the section 45 notice and therefore is of little assistance insofar
as establishing use of the trade-mark DIMENSION 4 & Design as of
the date of the section 45 notice.
In view of the above, I have concluded that the registrant has
failed to show that its registered trade-mark DIMENSION 4 & Design
was in use in Canada by the registered owner in association with
either the wares or services covered in the present registration
within two years prior to the date of the section 45 notice, as
required by section 45 (1) of the Trade-marks Act as
amended by
section 232(1) of the North American Free
Trade Agreement
Implementation Act. Accordingly, and in the absence of an appeal
from this decision pursuant to the provisions of section 56 of the
Trade-marks Act, registration No. 311,652 will be expunged from the
register.
DATED AT HULL, QUEBEC THIS
G.W.Partington,
Chairman,
Trade Marks Opposition Board.
"'
8th DAY OF
1994.