U-haul was unsuccessful in its appeal of a decision of the TMOB to refuse to register two applications for trademarks, namely U-BOX WE-HAUL and U-BOX, for use in association with "moving and storage services, namely, rental moving, storage, delivery and pick up of portable storage units."
The Board found that there was a reasonable likelihood of confusion between the Applicant's impugned trademarks and the U BOX IT trademark registered by the opponent, U Box It Inc. for use in association with "garbage removal and waste management services."
U-haul submitted new evidence on appeal in an attempt to show that no business advertises or provides both garbage removal/waste management services and moving/storage services. The new evidence consists of random samples from the Yellow Pages, sourced from a number of Canadian cities and regions, with dates ranging from 2008-2014. The samples are advertisements included in categories related to moving and storage, and garbage removal and waste management. The Court held that this new evidence does not affect the reasoning of the Board or the findings of fact therein, particularly given the Board's tacit recognition that the parties' channels of trade are basically distinct. Consequently, the new evidence had insufficient probative significance to justify a de novo review of the decisions.
On this basis, the Court found the decision to be reasonable, and upheld the decision refusing to register the applications.