Trademark expungement upheld; post-notice assignment and predecessor's business decisions do not constitute special circumstances excusing non-use.
The applicant appealed a decision of the Registrar of Trademarks expunging its trademark for non-use.
The applicant acquired the mark after the relevant period and issuance of the section 45 notice.
It argued that its pending acquisition of the mark during the relevant period and the previous owner's attempts to re-launch the brand were special circumstances excusing non-use.
The Federal Court applied a correctness standard based on new material evidence but upheld the Registrar's decision.
It held that special circumstances under subsection 45(3) must relate to the relevant period and that a post-notice assignment does not reset the period.
The Court found the predecessor's decision not to finalize a licensing agreement was a business decision, not a circumstance beyond its control.
The appeal was dismissed with costs to the respondent.
