Grc Food Services Ltd v. Chocoladefabriken Lindt, 2025 FC 940
Justice Aylen - 2025-05-26
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This case involves an appeal challenging a refusal to register a trademark based on potential confusion with two registered trademarks of the opposing party. The initial decision by the Trademarks Opposition Board was predicated on the likelihood of confusion between the applicant's proposed mark and the existing marks. However, the opposing party's trademarks were later expunged, prompting the court to address whether this expungement constituted new material evidence warranting a fresh consideration of the entire situation. The court ruled that the expungement did indeed constitute new material evidence, leading to a de novo review. As the Board had not evaluated the opposing party's additional trademarks, the court will now consider those in its review. The proceedings will be bifurcated, allowing for a structured timeframe for future submissions and the potential introduction of more evidence concerning the remaining grounds of opposition.
Decision relates to:
- T-28-24 - GRC Food Services Ltd. v. Chocoladefabriken Lindt & Spungli AG