Power Herbs Wellness Trading Corporation v. Svenskt Kosttillskott AB, 2025 FC 1348
Justice Manson - 2025-08-01
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The court addressed an appeal against a Registrar's decision expunging a trademark registration due to a lack of demonstrated use within the relevant timeframe. The applicant sought to introduce new evidence arguing that it should lead to a review of the Registrar's correctness. The Registrar had found that the applicant failed to provide sufficient evidence linking the trademark to the registered goods and services, and no compelling justification for non-use was established. On appeal, the court noted that the newly presented evidence, which included invoices and product labels, did not overcome the identified deficiencies. The court ultimately concluded that the applicant did not prove use of the trademark as required by the Trademarks Act, leading to the dismissal of the application. The decision underscores the necessity for robust evidence demonstrating the use of a trademark to maintain its registration.
Decision relates to:
- T-1918-24 - POWER HERBS WELLNESS TRADING CORP v SVENSKT KOSTTILLKOTT AB