Tweak-D Inc. v. Canada (Attorney General), 2023 FC 427

Justice Manson - 2023-03-28

Read full decision. Automatically generated summary:

This is an appeal under section 56 of the Trademarks Act, RSC1985, c T-13, from a decision of the Registrar of Trademarks [the “Registrar”] dated July 13, 2022, refusing trademark application no. 1,817,001 to register the word mark TRIBAL CHOCOLATE in connection with hair care products. The Registrar refused the application because the TRIBAL CHOCOLATE mark was found to be confusing with the registered word mark TRIBAL, registered under registration number TMA826279. ... Ultimately, it was open for the Registrar to reasonably consider the relevant evidence, including the state of the register, the co-existence agreement and no evidence of actual confusion since 2016 and find that, having regard to the subsection 6(5) factors for likelihood of confusion and surrounding circumstances, there was a likelihood of confusion between the marks TRIBAL CHOCOLATE and TRIBAL.

Decision relates to:

  • T-1844-22 - TWEAK-D INC. v. HIS MAJESTY THE KING (Registrar of Trademarks)


Canadian Intellectual Property