Okanagan appraisal firm wins trademark dispute with rival company

An Okanagan real estate appraisal company has won the right to trademark its name despite opposition from a rival firm.

According to an Aug. 6 Canadian Intellectual Property Office decision, Okanagan Appraisals had been granted the right to trademark its name.

The move was opposed by the company South Okanagan Appraisals.

“(South Okanagan Appraisals) has pleaded that the (trade) Mark is not registrable because whether depicted, written or sounded, it is either clearly descriptive or deceptively misdescriptive of the character or quality of the Services with which it is used or proposed to be used, and the place of origin of the Services,” the decision read.

“(South Okanagan Appraisals) disputes (Okanagan Appraisals) claim to have any exclusive rights in the phrase ‘Okanagan Appraisals’ since the term is clearly descriptive of the appraisal services provided by the (Okanagan Appraisals) and the geographic area in which those services are provided, namely the Okanagan,” the decision read. “As such, (South Okanagan Appraisals) disputes (Okanagan Appraisal’s) right to claim any exclusivity in this clearly descriptive designation, both for ‘Okanagan’ and ‘Appraisals.'”

The 17-page decision said Okanagan Appraisals filed its application to trademark its name in 2016.

The decision said the name, Okanagan Appraisals, has been used in Canada since 1994, while South Okanagan Appraisals was formed in 2013.

South Okanagan Appraisals said about 70% of its business comes from local mortgage brokers, local financial firms, lawyers, realtors, referrals and repeat business. The other 30% is generated by appraisal management firms located in Southern Ontario, which work for the country’s major banks.

The decision said Okanagan Appraisals had previously written to South Okanagan Appraisals and another firm, Okanagan North Appraisal Services, asking that they stop using these names.

At one point, a cease and desist letter was sent to South Okanagan Appraisals from Okanagan Appraisals.

While South Okanagan Appraisals attempted to block Okanagan Appraisals from the trademark, the Canadian Intellectual Property Office ruled its evidence fell short.

“I find that the Opponent has not established that its South Okanagan Appraisals trademark or trade name has a sufficient reputation in Canada to negate the distinctiveness of the (trade) Mark,” the Canadian Intellectual Property Office said in the decision. “I do not consider it to be sufficient to demonstrate a substantial, significant or sufficient reputation in Canada.”

Ultimately, the Trademarks Opposition Board rejected South Okanagan Appraisals applicant to block Okanagan Appraisals from registering its trademark.