Decision

Align Technology, Inc. v. Osstemimplant Co., Ltd, 2022 FC 720

Justice Furlanetto - 2022-05-13

Read full decision. Automatically generated summary:

This is an appeal under section 56 of the Trademarks Act of a decision of the Trademarks Opposition Board [see 2019 TMOB 101], dismissing the Applicant, Align opposition to the Respondent Osstemimplant application to register the trademark MAGICALIGN for use in association with orthodontic goods. For the reasons that follow, I find that only some of the new evidence filed is material (i.e., the new state of the register evidence and the new evidence from the dentists and orthodontists). However, when factor 6(5)(a) is considered de novo, along with the weighing with the other subsection 6(5) factors, none of which when assessed individually include a palpable and overriding error in the TMOB’s analysis, the finding remains that there is no likelihood of confusion. As such, the appeal is dismissed.

Decision relates to:

  • T-1935-19 - ALIGN TECHNOLOGY, INC. v. OSSTEMIMPLANT CO., LTD.

 

Canadian Intellectual Property