Ecovacs Robotics Co., LTD. v. American Air Filter Company Inc., 2026 FC 329
Justice Furlanetto - 2026-03-31
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This Federal Court decision addresses a trademark appeal under section 45 of the Trademarks Act following expungement of a design trademark for failure to respond to a section 45 Notice. Issues: (1) Whether leave should be granted to file new evidence; and (2) whether that evidence establishes use of the trademark in association with all registered goods during the relevant period. Leave was granted, as the appellant credibly asserted non-receipt of the Notice. However, the application was allowed only in part. While the evidence demonstrated use of the trademark in association with certain registered goods (robotic vacuum products), it failed to establish use across all registered goods during the relevant three-year period. Accordingly, the registration was partially maintained and partially expunged.
Decision relates to:
- T-2261-25 - ECOVACS ROBOTICS CO., LTD. v. AMERICAN AIR FILTER COMPANY, INC.