Spagnuolo v. Re/Max Hallmark Realty Ltd.
RICK SPAGNUOLO
Law Firm / Organization
LudlowLaw
Lawyer(s)

David Allsebrook

JOSEPH SYPOSZ
Law Firm / Organization
LudlowLaw
Lawyer(s)

David Allsebrook

RE/MAX HALLMARK REALTY LTD.
Law Firm / Organization
Sotos LLP
Lawyer(s)

Allan Dick

Rick Spagnuolo and Joseph Syposz appealed the Trademarks Opposition Board's decision to reject their opposition to Re/Max Hallmark Realty Ltd.'s trademark application for "HALLMARK" in real estate services. They argued that "HALLMARK" was descriptive, lacked distinctiveness, and had become recognized in commercial usage. They also claimed that any trademark rights in "HALLMARK" belonged to the franchisor, not RHR. RHR countered that the alleged errors were not properly raised and the Opponents failed to demonstrate reviewable errors. The court found no reviewable error and dismissed the appeal.
Federal Court
T-451-21
Intellectual property
Respondent
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