The applicant had filed an appeal against the refusal of their trademark application. The opposition had been based on various grounds, including the likelihood of confusion with the respondent's existing trademarks. The Trademarks Opposition Board (TMOB) had found that there had been a reasonable likelihood of confusion and that the applicant had failed to establish distinctiveness. The TMOB had also considered factors such as the degree of resemblance, the duration of use, and the potential for overlap in trade channels. The applicant had filed new evidence on appeal, raising issues related to the TMOB's confusion analysis. However, the new evidence had been deemed insignificant, and no errors had been found in the confusion analysis. Therefore, the decision to refuse the application had been upheld, and the appeal had been dismissed.

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