Summary: This case involves Finastra International Limited's appeal of a Trademarks Opposition Board decision regarding the trademark "FENESTRAE." The board upheld the registration of certain goods and services associated with the trademark, owned by Fenestrae B.V., which Finastra contested should be deleted from the registry.

Key Points:

• Background: Fenestrae B.V., a software company, uses the "FENESTRAE" mark for its products like Faxination and Udocx, which facilitate digital document exchange and conversion.
• Trademark Dispute: Finastra challenged the maintenance of certain goods and services under the "FENESTRAE" mark, arguing that not all were in use as claimed, particularly in Canada.
• Evidence Review: The Trademarks Opposition Board reviewed evidence including user manuals, invoices, and screenshots related to the usage of the trademark. They concluded that some goods and services were not sufficiently supported by the evidence and should be removed.
• Court Decision: The court upheld part of the board's decision, agreeing that some goods and services lacked sufficient evidence of use in Canada and thus should be removed. However, the court maintained other parts where the usage was substantiated.

Outcome: The appeal was allowed in part, leading to the deletion of certain goods and services from the trademark registration while others were retained. The case emphasized the importance of providing concrete evidence to support trademark use claims in registration maintenance proceedings. No costs awarded.