Norsteel Building Systems Ltd. v. Toti Holdings Inc., 2021 FC 927
Justice Zinn - 2021-09-08
Read full decision. Automatically generated summary:
Norsteel Building Systems applies under subsection 57(1) of the Trademarks Act to strike from the register the trademark NORSTEEL which issued on March 20, 2017, to Toti Holdings. ... When the application was made by Toti Holdings, there was a requirement that it provide a statement it “is satisfied that he is entitled to use the trade-mark in Canada in association with the goods or services described in the application.” This may not obligate an applicant to make an extensive search for conflicts. However, where an applicant has knowledge that another entity in the same line of business is using the very word it wishes to register as a trademark, one would expect the applicant to conduct its due diligence regarding that other business before making the required statement.
Decision relates to:
- T-1180-20 - NORSTEEL BUILDING SYSTEMS LTD. v. TOTI HOLDINGS INC.