2718971 Ontario Inc v Kinde Company Ltd, 2025 FC 1114
Justice Manson - 2025-06-27
Read full decision. Summary prepared by Alan Macek:
The Applicant brings two appeals under section 56 of the Trademarks Act of two decisions of the TMOB, 2024 TMOB 102 and 2024 TMOB 103. ... The Board dismissed the oppositions based on each of the grounds raised, with the opponent primarily relying on the arguments that that the KINDE Marks were not distinctive and that they are confusing with the Applicant’s registered mark KINDER CULTURE. ... For the reasons that follow, I find that the new evidence is not material and probative and does not justify reconsideration of any issues on a de novo basis. I further find that the Applicant has not demonstrated any reviewable error in the Decisions. The Decisions are upheld, and the appeals are dismissed. (Thanks to John Simpson for a copy of this decision)
Decision relates to:
- T-1942-24 - 2718971 Ontario Inc. v. Kinde Company Ltd.
- T-1990-24 - 2718971 Ontario Inc. v. Kinde Company Ltd.