Thi Canada Inc. v. King Rack Industrial Co., 2024 FC 500
Justice Furlanetto - 2024-03-28
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The case involved an appeal under the Trademarks Act concerning the refusal of opposition to the registration of a trademark. The Applicant argued that errors were made by the Trademarks Opposition Board in assessing the degree of resemblance between the marks, leading to confusion analysis under various sections of the Act. The Court held that no reversible errors were made in law, and the appeal was dismissed. The decision focused on the degree of resemblance between the trademarks, emphasizing the need to consider the marks in their totality and not through a side-by-side comparison. The Court found that there was no significant resemblance in appearance, sound, or idea between the marks and that the differences outweighed the similarities, leading to the rejection of the grounds of opposition. The issues raised on appeal included errors in analysing the word mark versus the design trademark, consideration of the marks in their entirety, and prioritizing differences in meaning and sound.
Decision relates to:
- T-1118-23 - THI CANADA INC. v. KING RACK INDUSTRIAL CO., LTD.