This is an appeal pursuant to section 56 of the Trademarks Act. The Trademarks Opposition Board ("Board") rejected the opposition of Tiger Calcium Services Inc. ("Tiger"). Tiger opposed the registration of the proposed trademark ENVIRO-GUARD in association with wares for "de-icing and ice prevention preparations for roadways and sidewalks and other paved surfaces." Tiger made a number of submissions before the Board, including confusion with its registered trademarks. The Board focused on confusion and rejected the opposition after reviewing the five factors for confusion in section 6(5) of the Trademarks Act.
New evidence was submitted by Tiger, but the Court found that it would not have materially changed the findings of the Board and the standard of review was therefore reasonableness. The Court further refused to consider a new issue that it determined was not raised in the Statement of Opposition. The Court concluded that the "conclusions reached by the Board for each ground are well reasoned and supported by the evidence, and as such, owed deference by this court." The appeal was dismissed and costs awarded to the Respondent.