This is an appeal pursuant to section 56 of the Trade-marks Act in respect of a decision of the Trademarks Opposition Board (the "Board") to reject Home Hardware's opposition to the trademark applications filed by Benjamin Moore.
The Court considered the standard of review and in particular found that the new evidence submitted by Home Hardware would have materially affected the Board's findings. The Court agreed with the Board in dismissing the grounds of opposition under section 30(e) and (i) of theTrade-marks Act. The Court considered the likelihood of confusion in light of Home Hardware's new evidence and found that an ordinary consumer would likely be confused.
The Court set aside the Board's decision rejecting the opposition and the application was refused with costs to Home Hardware.