Successful Trademark Defence: 88766 Canada Inc v Hanahreum Mart Inc, 2022 TMOB 146

On behalf of Hanahreum Mart Inc., McMillan LLP successfully defended a non-use cancellation proceeding against Hanahreum Mart’s Canadian trademark registration for HANAHREUM.

Our national team, led by Pablo Tseng alongside Yue Fei and Kaleigh Zimmerman, defended that the use of the owner’s trademark on labels and invoices constitutes use of the Mark as registered, and provided argumentation for other uses for the store. The success of maintaining use for core business endeavours allowed Hanahreum Mart to continue its protected use of its terms.

Hanahreum Mart (also known as H Mart) is a major supermarket chain in Canada catering to the Asian diaspora. Its core trademarks are HMART and HANAHREUM.

McMillan’s Intellectual Property Group, is recognized as one of the leading IP practices in Canada. We have been advising a full range of emerging and established industry players in Canada and globally for more than forty years. Our lawyers continue building on a successful record in crafting sound IP protection and enforcement strategies that help our clients maximize the value of their critical intangible assets. We prepare and prosecute trademarks, patents and industrial design applications in Canada and abroad for clients across a wide range of industries to help them stay ahead. We know that there’s no silver medal when you’re second to file™.