Background:

• Wanglaoji appealed seven Registrar of Trademarks decisions, which maintained MAL's trademarks with amended goods statements following section 45 notices questioning their use in Canada over three years.

Key Issues:

1. Licensed Use Under Section 50 of the TMA:

   • Wanglaoji challenged whether MAL's licensee's use of trademarks benefited MAL.
   • The court dismissed this argument, as it wasn't properly pleaded.

2. Trademark TMA410076 Use:

   • The trademark covered "herbal products for food and medicinal purposes, namely herbal tea."
   • Wanglaoji argued the product label "not for medical use" conflicted with this.
   • The court upheld the Registrar’s decision, accepting the product fell within the registered goods scope.

3. Variation of Trademark TMA892774:

   • Wanglaoji argued the used trademark differed significantly from the registered one.
   • The court agreed with the Registrar that the variations did not mislead consumers and preserved the trademark's identity.

Decision:

• Amendments: Allowed minor corrections but denied broader amendments for new appeal grounds.
• Outcome: Appeals dismissed. Wanglaoji did not prove the Registrar’s errors. Costs to be determined if parties cannot agree.