Amira Foods (India) Limited appealed a decision of the Trademarks Opposition Board ("TMOB") refusing to register the word AMIRA and design. The application was refused on two grounds: 1) for being contrary to subsection 30(e) of the Trade-marks Act where the Applicant had used the proposed mark in Canada prior to the filing date of the application, and 2) for being contrary to paragraph 12(1)(d) of the Trade-marks Act because the application is confusing with a registered trademark belonging to Les Entreprises Amira Inc., AMIRA.
The Federal Court upheld the refusal to register the mark.
It was determined that the new evidence filed on appeal would not have had a material effect on the TMOB decision. On a reasonableness standard, the Court determined that the TMOB did not make a reviewable error in refusing registration.