Kazar Group Spólka v BCF, 2024 FC 2075
Justice Fuhrer - 2024-12-19
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In this decision regarding trademark cancellation proceedings under the Trademarks Act, the court reviewed an appeal after the Trademarks Opposition Board ordered the expungement of a trademark registration due to insufficient evidence of use in Canada over a specified three-year period. The appeal was allowed solely for the goods classified as men's shoes, resulting in the maintenance of the registration for that particular item while expunging all others. The court found the applicant’s new evidence, including affidavits detailing sales and photos illustrating the trademark on goods, to be materially significant and satisfactory to demonstrate use of the trademark during the relevant period. The court clarified that an affidavit must describe the use of the trademark and determined that the evidence presented met this standard. Ultimately, the ruling highlighted the importance of both qualitative and quantitative evidence in trademark use justification.
Decision relates to:
- T-1411-24 - KAZAR GROUP SPÓLKA Z OGRANICZONA ODPOWI v. BCF S.E.N.C.R.L./BCF LLP