Provexis Nutrition Limited v. Robichaud, 2025 FC 347
Justice Whyte Nowak - 2025-02-21
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This case involved an appeal concerning the cancellation of a trademark registration under the Trademarks Act. The original decision by the Registrar found insufficient evidence of use of the registered mark during a specified period, citing deficiencies in the applicant's documentation and lack of clarity regarding trademark ownership among various entities. The appeal included new evidence, which addressed these deficiencies by clarifying the ownership and operational structure of the applicant and its subsidiaries. The court conducted a de novo review and determined that the new evidence was material, demonstrating the applicant's use of the trademark within the relevant timeframe. As a result, the appeal was granted, overturning the Registrar's decision and reinstating the trademark registration for the contested goods. This case reinforces the importance of clear evidence of use and corporate structure in trademark disputes.
Decision relates to:
- T-1498-24 - PROVEXIS NUTRITION LIMITED v. ANDREWS ROBICHAUD