Blaze Pizza v. Carbone Restaurant Group Ltd, 2024 FC 1770
Justice Fuhrer - 2024-11-06
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The court set aside the decision of the Trademarks Opposition Board and refused the trademark application for "FAST FIRED BY CARBONE & Design." Blaze Pizza, LLC had opposed the application based on its own registered trademark "FAST FIRE’D BLAZE PIZZA & Design." The court found Blaze succeeded in its opposition on grounds of entitlement and distinctiveness, after considering new evidence filed by Blaze. The court determined that the trademarks were more different than alike, and while both had inherent distinctiveness due to elements like "BLAZE" and "CARBONE," the words "FAST-FIRE’D" and "FAST FIRED" were considered highly suggestive or descriptive. Factors such as length of time in use, nature of goods and businesses favoured Blaze. Additionally, surrounding circumstances and marketplace evidence were found insufficient to support Carbone's application.
Decision relates to:
- T-2544-22 - BLAZE PIZZA, LLC v CARBONE RESTAURANT GROUP LTD