Limbic Media Corporation v. Lutron Electronics Co., Inc., 2024 FC 2041
Justice Southcott - 2024-12-16
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In this case, an appeal was brought under the Trademarks Act regarding the expungement of a registered trademark following a decision by the Registrar of Trademarks. The applicant contended that the Registrar erred in finding a lack of use of the trademark in association with the specified goods during the relevant period. The appeal was treated as a hearing de novo, allowing for a reconsideration of the evidence. Ultimately, the court upheld the Registrar’s decision, concluding that the applicant failed to sufficiently demonstrate the requisite use of the trademark as per the definitions in the Act. The evidence presented, including a statutory declaration, did not meet the burden of proof required to establish that the trademark was actively used in the course of trade with the registered goods during the specified timeframe. Consequently, the appeal was dismissed, affirming the expungement of the trademark registration.
Decision relates to:
- T-939-24 - LIMBIC MEDIA CORPORATION v. LUTRON ELECTRONICS CO., INC.