RRFB had applied for the DIVERT NS trademark for waste diversion services, which was opposed by Divert. The Registrar rejected Divert's opposition, resulting in the dismissal of Divert's appeal. The Registrar's finding regarding the evidential burden remained unchanged as Divert failed to demonstrate any inconsistency in RRFB's evidence. Divert raised three issues on appeal concerning the evidential burden and the assessment of "use." The court dismissed the appeal, finding no legal or palpable and overriding error by the Registrar. Both parties sought costs, but Divert Inc will be responsible for paying costs to Resource Recovery Fund Board Inc, totaling $7,500. This amount takes into account the nature of the appeal's issues, the preparation of records, the amount of work involved, the absence of pre-hearing motions or examinations, and the parties' submissions.

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