Anashara v. BIZU Innovation Group, 2026 FC 1132
Justice Furlanetto - 2026-09-04
Read full decision. Automatically generated summary:
This is an appeal from a decision of the Registrar of Trademarks that expunged the Applicant’s SWAGGER trademark, pursuant to section 45 of the Trademarks Act. The Applicant asserts he did not receive the Section 45 Notice and therefore, did not file any evidence of use before the Registrar. ... While I agree that the new evidence warrants a de novo review, I find it insufficient to establish use by the Applicant of the SWAGGER Mark during the relevant period in association with all the registered goods. As such, the application is allowed only in part. ... While I am prepared to infer that the SWAGGER garments shown in the photographs could be men’s or women’s, I do not see any children’s apparel reflected in the evidence. Further, based on the limited items referenced in the invoices produced there is insufficient evidence to establish that all goods shown in the photographs were transferred in the normal course of trade during the Relevant Period.
Decision relates to:
- T-3013-24 - FAISAL ANASHARA v. BIZU INNOVATION GROUP