Products Unlimited, Inc v. Five Seasons Comfort Limited, 2026 FC 48
Justice McHaffie - 2026-01-14
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In this case, the appeal concerns the refusal of a trademark application for "FILTER DESIGN" based on the assertion that its design features were primarily utilitarian, violating subsection 12(2) of the Trademarks Act. The Court decided to grant leave for additional evidence after finding that such evidence, viewed in context, demonstrated that the trademark's features were not dictated by utilitarian functions. The key legal issues included whether to allow new evidence on appeal and whether the Board erred in deeming the trademark unregistrable. The Court found that the new evidence supported the appellant's claims, thus overturning the Board’s decision and directing the Registrar to register the trademark. This judgement underscores the importance of individual trademark assessments, especially regarding functionality versus distinctiveness in trademark law.
Decision relates to:
- T-1061-25 - PRODUCTS UNLIMITED, INC. v. FIVE SEASONS COMFORT LIMITED