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Trademark expungement upheld as owner failed to provide clear evidence of use in Canada.
The applicant appealed a decision of the Registrar of Trademarks to expunge its trademark FIREFLY under section 45 of the Trademarks Act.
The Registrar found the applicant failed to establish use of the mark in Canada during the relevant period, as there was no evidence the mark was displayed on the registered goods or their packaging, and invoices to Canadian and US customers were insufficient.
The Federal Court held the Registrar made no palpable and overriding errors in finding the evidence did not clearly and unambiguously demonstrate use under section 4(1) or section 4(3) of the Act.
The appeal was dismissed with costs.
