- Parties: The applicant was Les Industries Certico Inc. The respondents were Mastrandrea Commercial Bakeries Limited and CTM Household Appliances Inc.

- Subject Matter: The Trademarks Opposition Board refused the applicant’s trademark application no. 1,856,458 for the FORNO MAGNIFICO & DESIGN mark in association with “(1) pizza ovens; (2) pizza crusts”. The Board found this mark unregistrable based on its likelihood of confusion with the registered trademark FORNO & DESIGN (TMA991845) in connection with “pizza ovens” under s. 12(1)(d) of the Trademarks Act, 1985 and based on its likelihood of confusion with the previously used trademark FORNO CULTURA SQUARE & DESIGN with respect to “pizza crusts” under s. 16(1)(a) of the Act. The applicant appealed the Board’s decision under s. 56 of the Act.

- Ruling: The court ruled in the respondent’s favour and dismissed the appeal without costs. The court held that the applicant failed to show that the Board made a palpable and overriding error in its findings of fact or mixed fact and law. In particular, the court found no palpable and overriding error in the Board’s assessment of the degree of resemblance between the marks.

- Date: The hearing was set on Apr. 13, 2023. The court released its decision on Sept. 1, 2023.

- Venue: This was a federal case before the Federal Court.

- Amount: The court noted that the facts of this case, particularly the fact that the appeal was unopposed, supported the exercise of its discretion not to award costs.