Smooth Payment Inc. v. Klarna Bank Ab, 2024 FC 1274
Justice Pallotta - 2024-08-15
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The applicant brought an application under the Trademarks Act to appeal four summary cancellation decisions made by the Registrar of Trademarks. The applicant failed to respond to section 45 notices regarding trademark registrations due to them not being received, resulting in the Registrar issuing decisions to expunge the registrations. Evidence was submitted showing the use of the trademarks during the relevant period. The respondent argued for the decisions to stand. The main issues were whether the decisions should be set aside and whether the registrations should be maintained. Additional issues included standing and the amended notice of application. The court found the applicant had standing and granted leave for the amended notice of application considering the circumstances. The court varied or dispensed with compliance with the Federal Courts Rules relating to legal representation to recognise co-counsel for the applicant. The Court ultimately upheld the registrations for most goods and services specified.
Decision relates to:
- T-1444-23 - SMOOTH PAYMENT INC. v. KLARNA BANK AB et Al.