Appeal from Trademarks Opposition Board allowed in part; additional services deleted for lack of use evidence.
The applicant appealed a decision of the Trademarks Opposition Board maintaining certain goods and services on the register in connection with the trademark FENESTRAE.
The Federal Court found no palpable and overriding error regarding the goods and some services, but concluded the officer erred in maintaining the Udocx services based solely on a bald assertion of use.
The appeal was allowed in part, and additional services were deleted from the registration.
Trademark expunged for abandonment; counterclaims for infringement and passing off dismissed.
The applicant sought to expunge the respondent's Canadian trademark registration for TRAVEL LEADERS on grounds of abandonment, material misstatement, and bad faith.
The respondent counterclaimed for trademark infringement, depreciation of goodwill, and passing off.
The Federal Court found that the respondent had abandoned the trademark due to non-use and an intention to abandon, leading to the expungement of the registration.
The applicant's claims of material misstatement and bad faith were dismissed.
The respondent's counterclaims were also dismissed, as the registration was invalid and no infringement or passing off by the applicant was established.
The Court awarded nominal damages of $2,000 and punitive damages of $20,000 against the respondent for deliberate and retaliatory adoption of the applicant's TL NETWORK mark.
