FXSWEDE AB v. GENGBIN XU, 2025 FC 1864
Justice Fuhrer - 2025-11-24
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In an undefended application for trademark expungement, the court granted the applicant’s request to invalidate a registration for "Tress Wellness" based on grounds of bad faith and non-distinctiveness, while denying the non-entitlement claim due to insufficient evidence. The applicant, a Swedish company, demonstrated prior use of the trademark in Canada, bolstered by significant sales figures. The respondent's trademark application was filed on the same day the applicant initiated sales in Canada, raising suspicions of bad faith. The applicant's counsel sent a demand to cancel the registration, which elicited a response indicating willingness to negotiate a sale, thus further substantiating the claim of bad faith. The court found that the applicant was a "person interested," having established its stake in the matter, and ruled that appropriate service of documents had been conducted, relieving the applicant from serving further documents after the respondent failed to file a notice of appearance.
Decision relates to:
- T-3422-24 - FXSWEDE AB v. GENGBIN XU