Tokai of Canada Ltd v. Kingsford Products Company, LLC, 2021 FC 782
Justice Fuhrer - 2021-07-23
Read full decision. Automatically generated summary:
Tokai of Canada Ltd sought to register the trademark KING for barbeque and fireplace lighters, and for cigarette lighters. The Kingsford Products Company, LLC successfully opposed Tokai’s trademark applications based on several registered trademarks involving KINGSFORD for goods relating to barbecuing and/or charcoal, including charcoal lighters. Tokai now appeals the Registrar’s decisions refusing its trademark applications because of a likelihood of confusion. ... For the more detailed reasons below, I find that deficiencies in the survey impact its reliability and validity and, thus, the Purther Affidavit is inadmissible. I further find the Third Party Marks are not sufficiently significant and probative that they would have affected the TMOB’s decisions materially. ... Neither Tokai nor Kingsford convinced me that the TMOB committed any palpable and overriding errors in respect of any of its assessments of the TMA s 6(5) factors in either the 953 TMOB Decision or the 990 TMOB Decision. Accordingly, I am of the view that none of those findings should be disturbed, and thus, Tokai’s appeals must fail.
Decision relates to:
- T-17-19 - TOKAI OF CANADA LTD. v. THE KINGSFORD PRODUCTS COMPANY, LLC