Appeal from Registrar of Trademarks dismissed as no palpable and overriding error found in maintaining trademark for 'headphones'.
Fasken Martineau DuMoulin LLP appealed a decision of the Registrar of Trademarks maintaining Gentec's trademark registration for 'iQ' in relation to 'headphones'.
Fasken argued the Registrar erred in law by interpreting 'headphones' to include earphones without a headband, by not interpreting alleged ambiguities against Gentec, and by failing to correctly apply the tests for notice of association and first impression.
The Federal Court found no extricable questions of law, applied the palpable and overriding error standard, and dismissed the appeal, concluding the Registrar did not err in his assessment of the evidence demonstrating use of the trademark.
