Lion Corporation v. MBM Intellectual Property Agency, 2026 FC 1127
Justice Fuhrer - 2026-09-04
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Further to summary cancellation proceedings initiated by the Respondent under section 45 of the Trademarks Act, the Registrar ordered the expungement of the Lion Corporation’s registration for LION Logo ... Having considered the application record, including Lion Corporation’s new admissible evidence for which leave was granted and Lion Corporation’s oral submissions, and noting that the Respondent takes no position in this matter, I allow the appeal for some of the goods. ... The [] Affidavit credibly attests, in my view, that the Lion Corporation was not aware of the Notice at the time it was sent because Lion Corporation’s local trademark agent in Japan misclassified the Section 45 Notice in its structured email management system. ... I have some doubt about the diligence (or lack of it) exercised by NGB Corporation. That said, and more to the point, I nonetheless am persuaded that Lion Corporation itself, through no fault of its own, was not made aware of the Section 45 proceeding until after the Registration was expunged and, thus, it could not have responded to the Section 45 Notice or the February 18, 2025 official letter in a timely manner. ... I am satisfied that any use of the trademark LION Logo in Canada by Lion Korea during the Relevant Period enured to the benefit of Lion Corporation.
Decision relates to:
- T-3647-25 - LION CORPORATION v. MBM INTELLECTUAL PROPERTY AGENCY