The applicant applied under s. 57(1) of the Trademarks Act to strike the respondent's trademark registration for 'NORSTEEL'.
The applicant claimed it had prior use of the trade name 'NORSTEEL BUILDING SYSTEMS' and that the respondent's mark was invalid because it lacked distinctiveness and the respondent was not the person entitled to secure the registration.
The Federal Court held the applicant had standing as a 'person interested' and rejected the respondent's defence of acquiescence.
The Court found the applicant established prior use and confusion, rendering the respondent's mark invalid under ss. 18(1)(b) and (d).
The application for expungement was granted.
