Motion for leave to file new trademark evidence allowed in part.
The moving party sought leave under subsection 56(5) of the Trademarks Act to file new evidence in a pending appeal of a Registrar of Trademarks decision.
The Federal Court allowed the motion in part, permitting a portion of the Second Bauer Affidavit relating to website access data, as it was relevant and material to the Registrar's inference regarding use in Canada.
The remainder of the proposed evidence was refused for failing to meet the materiality requirement or for lack of explanation for the delay in filing.
