Canadian National Railway Company v. Cambium Networks, Ltd, 2026 FC 1192
Justice McHaffie - 2026-09-24
Read full decision. Automatically generated summary:
Cambium owns the registered trademark CNMAESTRO. It is the respondent on this appeal from a decision of the TMOB because it was successful in summary expungement proceedings initiated by CNR under section 45 of the Trademarks Act 2025 TMOB 234. The Board found that Cambium’s evidence, “albeit flawed,” showed it had used the CNMAESTRO trademark in the relevant period, and that the mark should therefore not be expunged. ... On this motion under subsection 56(5) of the Trademarks Act, Cambium seeks leave to file additional evidence of use to address the flaws identified by the Board and relied on by CNR. ... For the following reasons, I conclude Cambium has met its onus to show that leave should be granted to file the additional evidence. I cannot agree with CNR that the notion of materiality for purposes of leave should effectively preclude a successful party from filing new evidence to address flaws identified by the Board. This is particularly so where those flaws are the very subject of the appeal.
Decision relates to:
- T-309-26 - CANADIAN NATIONAL RAILWAY COMPANY v. CAMBIUM NETWORKS, LTD.