WORLDWIDE DIAMOND TRADEMARKS LIMITED Appellant v. CANADIAN JEWELLERS ASSOCIATION, 2010 FCA 326

Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20101130 Docket: A-163-10 Citation: 2010 FCA 326 CORAM: SHARLOW J.A. TRUDEL J.A. STRATAS J.A. BETWEEN: WORLDWIDE DIAMOND TRADEMARKS LIMITED Appellant and CANADIAN JEWELLERS ASSOCIATION Respondent Heard at Vancouver, British Columbia , on November 30, 2010. Judgment delivered from the Bench at Vancouver, British Columbia , on November 30, 2010. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20101130

Date: 20101130 Docket: A-163-10 Citation: 2010 FCA 326 CORAM: SHARLOW J.A. TRUDEL J.A. STRATAS J.A. BETWEEN: WORLDWIDE DIAMOND TRADEMARKS LIMITED Appellant and CANADIAN JEWELLERS ASSOCIATION Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Vancouver , British Columbia, on November 30, 2010) SHARLOW J.A. [ 1 ] Despite the able submissions of counsel for the appellant, we have not been persuaded that Justice Kelen erred in law or misapplied paragraph 12(1)(

b) of the Trade-Marks Act , R.S.C. 1985, c. T-13 , when he determined ( 2010 FC 309 ) that the trade-marks in issue are clearly descriptive. [ 2 ] Nor have we been persuaded that he failed to consider the trade-marks in their entirety when he accepted that the distinctiveness of a composite mark (that is, a mark composed of both words and a design element) may be tested by ​sounding​ the words if the design element is found not to be dominant. [ 3 ] This appeal will be dismissed. ​K. Sharlow​ J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET: A-163-10 STYLE OF CAUSE: WORLDWIDE DIAMOND TRADEMARKS LIMTED v. CANADIAN JEWELLERS ASSOCIATION PLACE OF HEARING: Vancouver, British Columbia DATE OF HEARING: November 30, 2010 REASONS FOR JUDGMENT SHARLOW J.A. OF THE COURT BY: TRUDEL J.A. STRATAS J.A. DELIVERED FROM THE BENCH BY: SHARLOW J.A. APPEARANCES : Karen F. MacDonald Michael D. Manson FOR THE APPELLANT No one appeared FOR THE RESPONDENT SOLICITORS OF RECORD : Smart & Biggar Vancouver, British Columbia FOR THE APPELLANT