The opposition by Align Technology, Inc. against Osstemimplant Co., Ltd.'s application to register the trademark MAGICALIGN for orthodontic goods was the subject of an appeal under section 56 of the Trademarks Act. Although some newly filed evidence was deemed relevant, a comprehensive assessment of all factors under subsection 6(5), including factor 6(5)(a), revealed no significant errors in the analysis conducted by the Trademarks Opposition Board. The parties agreed that the successful party should receive costs for the proceeding. The Respondent requested $4,500, including disbursements, while the Applicant suggested separate cost submissions if successful. Consequently, the appeal was dismissed, confirming the absence of a likelihood of confusion. Since the Respondent prevailed in the appeal, the court awards costs of $4,500, inclusive of fees and disbursements, without the need for further submissions.

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