The Federal Court allowed Lucite's appeal of the Trademarks Opposition Board's (TMOB's) decision amending the registration of its mark to restrict the statement of registered goods (see 2016 TMOB 127). Lucite had voluntarily amended its registration to restrict the statement of registered goods following the issuance of a section 45 notice. The TMOB also amended the registration to further restrict the statement of registered goods, finding that Lucite had provided no evidence relating to various goods including "resin beads".
On appeal, Lucite sought to only restore "resin beads" to the list and submitted new evidence pursuant to s 56(5) of the Trade-marks Act. The Court was satisfied that the new evidence was material and demonstrated use of the mark during the relevant period in association with "resin beads".