The applicant appealed a decision of the Registrar of Trademarks maintaining in part a trademark registration under s. 45 of the Trademarks Act.
The Registrar had found the respondent's evidence sufficient to establish use of the mark in Canada in association with most of the registered goods during the relevant period.
The Federal Court dismissed the appeal, finding the Registrar made no palpable and overriding errors in drawing reasonable inferences of use from the evidence as a whole.