2 total
Appeal from TMOB dismissed; new evidence rejected, no palpable error in confusion finding.
The applicant appealed a decision of the Trade-marks Opposition Board (TMOB) refusing its applications to register the proposed composite trade-marks FIRE AND ICE CANADIAN DIAMOND & Design and FIRE ON ICE CANADIAN DIAMOND & Design.
The TMOB had found the proposed marks to be confusing with the respondent's previously registered GEOMETRIC Design mark.
The applicant attempted to introduce new evidence on appeal under section 56 of the Trade-marks Act.
The Federal Court found the new evidence was not material as it mostly pertained to facts posterior to the material filing date or merely supplemented evidence already before the TMOB.
Reviewing the TMOB's decision on the standard of palpable and overriding error, the Court upheld the TMOB's confusion analysis under section 6(5) and section 16(3), finding no error in the TMOB's conclusion that the applicant was not entitled to registration.
The appeal was dismissed with costs.
Trademark application for TRULY CANADIAN CERTIFIED GOLD refused due to confusion with prior mark.
The applicant appealed a Trade-marks Opposition Board (TMOB) decision refusing its application to register the trademark TRULY CANADIAN CERTIFIED GOLD & Design based on confusion with the respondent's previously used mark CANADIAN CERTIFIED GOLD & Design.
The Federal Court held that the applicant's new evidence was immaterial as it largely related to events occurring after the material date.
Applying a standard of palpable and overriding error, the Court upheld the TMOB's finding of confusion, noting the strong similarities in resemblance and the prior use and acquired distinctiveness of the respondent's mark.
