Nia Wine Group operates a winery in Ontario, selling wine under various brand names including NORTH 43º. North 42 Degrees Estate Winery sought to register the trademark NORTH 42 DEGREES for wine and winery operation. Nia Wine Group opposed, claiming the mark was descriptive and lacked distinctiveness. The central issue is whether "place of origin" can include a specific line of latitude. The Trademarks Opposition Board rejected the opposition and approved the application. The court allowed the Opponent's appeal, and the TMOB's decision is overturned. The Applicant's trademark application for "NORTH 42 DEGREES" is refused. The parties are directed to agree on costs or submitted written cost submissions according to a schedule.

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