• Court Dismisses Appeal of Decision Refusing the Trademark EDWARDS & Design
  • April 13, 2017 | Authors: Jillian Brenner; Adrian J. Howard; Beverley Moore; Chantal Saunders
  • Law Firm: Borden Ladner Gervais LLP - Ottawa Office
  • Schwan's IP, LLC v. Sobeys West Inc., 2017 FC 38

    The Court dismissed Schwan's appeal of the Trademarks Opposition Board's decision, which refused its application for the trademark EDWARDS & Design. The Registrar had allowed Sobey's opposition on the issues of confusion and distinctiveness and had refused the Application to register the Mark.

    On appeal, the Court considered the newly filed evidence consisting of eight affidavits. The Court concluded that the new evidence did not materially affect the Registrar's decision. With respect to the reasonableness of the decision, the Court found that the Registrar's decision was reasonable, and in particular, her focus on the resemblance between the marks and conclusions about distinctiveness were reasonable. The Court noted that it was open to the Registrar to afford relatively more weight to the degree of resemblance, as the caselaw makes it clear that the factors in the confusion analysis need not be given equal weight.