Trademark appeal allowed and registration maintained after new evidence proved applicant controlled licensee's product quality.
The applicant appealed a decision of the Registrar of Trademarks expunging its trademark registration for LUCIFER under section 45 of the Trademarks Act for failure to show use during the relevant period.
On appeal, the applicant filed new evidence demonstrating it maintained and exercised direct control over the character and quality of the branded beer and ale sold by its exclusive licensee in Canada.
The Federal Court conducted a de novo review, found the new evidence established the requisite control such that the licensee's use enured to the applicant's benefit, allowed the appeal, and set aside the Registrar's decision, maintaining the registration.
