- Refusal to Register Mark Upheld - No Evidence of First Use was Adduced By the Applicant
- June 1, 2015 | Authors: Adrian J. Howard; Beverley Moore; Chantal Saunders
- Law Firm: Borden Ladner Gervais LLP - Ottawa Office
- 1104559 Ontario Ltd. v. Home Hardware Stores Limited, 2015 FC 566
The applicant appealed the refusal to register HOME TEAM & DESIGN in association with sales and installation of exterior residential and commercial products, namely, windows, doors, patio doors, storm doors, eavestroughs, siding, garage doors, awnings, sunrooms, screen rooms, skylights, decks and railings.
The respondent opposed, and argued that the mark had not been used in conjunction with the services since the claimed date of first use, or of the filing date. The applicant had not filed any evidence in support of the registration. The respondent had provided web searches dating back to 2001.
No error was found in the registrar’s decision, as the Federal Court held it was reasonable and supported by fact and law. The appeal was dismissed.