IBS Inc. v. Mint Green Group Inc., 2024 FC 606
Justice Southcott - 2024-04-22
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The case involves an appeal under subsection 56 of the Trademarks Act regarding the expungement of a trademark registration for "MINT" due to failure to provide evidence of use. The appellant provided new evidence showing the use of the mark in connection with specific goods and successfully argued for the maintenance of the registration for those goods. The ownership history of the mark, evidence of use through retail sales, and a licensee relationship were key points in the case. The court determined that the new evidence presented was material and significant, warranting a correctness standard of review. Ultimately, the court allowed the appeal, maintaining the registration for "toques, boots, slippers, and belts" based on the evidence of use provided for those specific goods during the relevant period.
Decision relates to:
- T-1005-23 - ISAAC BENNET SALES AGENCIES INC. v. MINT GREEN GROUP INC.