Iwasaki Electric v. Hortilux Schreder

The Court of Appeal dismissed Iwasaki’s appeal of a decision of the trial judge, refusing its trade-mark application for registration (summarized here). The Judge reversed the decision of the TMOB, on the basis that there was no evidence before it that could lead to a reasonable conclusion that the Mark was used in Canada in the normal course of trade in October 1997. Furthermore, there was new evidence before the Federal Court that Hortilux had used the mark prior to that date. The Court of Appeal found that the Judge did not err.