1 total
Trademark 'BLUESEAL' ordered expunged for being confusingly similar to applicant's prior unregistered 'BLUE SEAL' mark.
The applicant, a US producer of marine surface protectants, applied to declare the respondent's registered trademark 'BLUESEAL' invalid and to expunge it from the register.
The applicant established continuous prior use of its unregistered marks 'BLUE SEAL' and 'BLUE SEAL Design' in Canada since 2010.
The Federal Court found the applicant had standing and held that the respondent's mark was confusingly similar to the applicant's previously used marks, operating in a similar niche market.
The registration was declared invalid and ordered expunged.
