GRC Food Services LTD. v. Chocoladefabriken Lindt Et Al., 2026 FC 594
Justice Aylen - 2026-05-05
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This Federal Court decision concerned an appeal under s. 56 of the Trademarks Act from a Trademarks Opposition Board decision refusing registration of the trademark MASTER CHOCOLAT. The Board had originally refused registration based on confusion with two registered marks, which were subsequently expunged, prompting a de novo review and bifurcated proceeding [see 2025 FC 940]. The respondent narrowed its opposition to two grounds: non-entitlement under s. 16(3)(a) and non-distinctiveness under s. 2, both based on its MAÎTRE CHOCOLATIER mark. The Court rejected the s. 2 ground for failure to include submissions in written representations, finding oral argument cannot introduce new grounds. On the merits, the Court found the respondent failed to meet its preliminary burden on both grounds, as it did not demonstrate use of the MAÎTRE CHOCOLATIER mark prior to the applicant's filing date, nor that the mark had acquired sufficient reputation in Canada. Both grounds of opposition were rejected, and the Registrar was directed to register the mark.
Decision relates to:
- T-28-24 - GRC Food Services Ltd. v. Chocoladefabriken Lindt & Spungli AG