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Trademark appeal allowed in part on new evidence showing use of services in Canada.
Sea Tow Services International, Inc. appealed a decision of the Registrar of Trademarks that cancelled certain services from its trademark registrations for SEA TOW and SEA TOW & Design in a Section 45 proceeding.
The applicant filed new evidence on appeal demonstrating the provision of various on-water assistance services to Canadian members in Canadian waters.
The Federal Court allowed the appeal in part, finding that the new evidence was material and undertaking a de novo review.
The Court held that some of the deleted services, including discounts, diving, underwater salvage, and fuel delivery, were used in Canada and should be retained, while others, such as environmental remediation and marine salvage, were properly deleted for non-use.
