In this case, Ecolab USA Inc. has appealed the decision of the Registrar of Trademarks to expunge its "NAVIGATOR" trademark in Canada. Ecolab argues that the decision is invalid and presents new evidence to support its claim of using the trademark for selling goods in the country. The trademark was originally owned by Georgia-Pacific Chemicals LLC but was transferred to Ecolab in 2017. The Trademarks Opposition Board had previously ruled that there was evidence of prior use but insufficient proof of sales during the relevant period, leading to the expungement order. Ecolab has filed an appeal and submitted additional affidavits to strengthen its case. The main issue in the appeal is whether Ecolab has demonstrated the use of the "NAVIGATOR" trademark during the relevant three-year period. The court considers the new evidence provided by Ecolab to be substantial and significant, resulting in a de novo review of the case. The evidence presented shows that the NAVIGATOR brand is associated with the goods and that customers are aware of this association throughout the sales process, including delivery and invoicing. Based on this evidence, the court concludes that Ecolab has successfully demonstrated the use of the trademark. The burden of demonstrating trademark use is not heavy, and even evidence of a single sale can establish such use in the normal course of trade. In this case, Ecolab has met its burden and shown use of the trademark within the relevant three-year period. As a result, the appeal is granted, and the decision to expunge the trademark registration is overturned. The Respondent (Registrar of Trademarks) is also ordered to pay the Applicant's (Ecolab) costs amounting to $1,500.

No uploaded documents