Background:

• The Comité Interprofessionnel du Vin de Champagne and the Institut National de l’Origine et de la Qualité appealed a decision by the Registrar of Trademarks that maintained three trademark registrations owned by Coors Brewing Company. These marks were associated with Miller High Life beer, marketed as “The Champagne of Beers.”

Legal Issues:

1. Whether the Registrar erred in using the acquisition date as the starting point for the period of non-use of the trademarks.
2. Whether the Registrar applied the wrong test in determining if special circumstances excused the non-use of the marks.

Court’s Analysis and Decision:

• The court upheld the Registrar's decision, finding no error in using the acquisition date as the starting point for the period of non-use. It was determined that the large-scale acquisition and the need for regulatory approval were special circumstances excusing the non-use.
• The court also held that the Registrar properly applied the legal test for assessing whether special circumstances excused the non-use, considering the efforts by Coors to meet regulatory requirements and prepare for market entry as beyond their control and therefore justifying the non-use period.

Outcome:

• The appeal was dismissed. The court agreed with the Registrar’s findings that the circumstances surrounding Coors’ acquisition of the trademarks and subsequent actions constituted special circumstances that excused the non-use of the trademarks.
• The Applicants were ordered to pay lump sum all-inclusive costs to the Respondent amounting to $20,000.