Padcon Ltd. v. Gowling Lafleur Henderson LLP, 2015 FC 943

This is an appeal of a decision of the Registrar of Trademarks (Registrar) finding that the applicant failed to establish use of the trade mark “THE OUTRIGGER STEAKHOUSE AND BAR” in association with “restaurant, bar and pub services” (Mark) in response to notice under section 45 of the Trademarks Act.

The Court dismissed the appeal, finding that the new evidence submitted by the applicant would not have materially affected the decision by the Registrar, and the decision was reasonable. The Registrar determined that in this case, the Mark was used only in association with a particular item on the menu, and was not use of the Mark in association with restaurant, bar and pub services. The Court concluded that the Registrar's decision that the Mark had not been used as registered was reasonable. The Court also held that, even if it had considered the new evidence and conducted a de novo review, the Registrar did not err.