Background:

• Centric Brands Holding LLC appealed a decision by the Registrar of Trademarks expunging the trademark registration for AVIREX due to non-use in Canada during the relevant period.

Legal Issues:

1. Whether the trademark was used in Canada during the relevant period.
2. If not, whether there were special circumstances that excused the non-use.

Court’s Analysis and Decision:

• The Federal Court found that Centric Brands did not demonstrate use of the AVIREX trademark in Canada during the relevant period.
• The court also found that Centric Brands did not demonstrate special circumstances that excused the non-use.
• The acquisition of the trademark by Centric Brands occurred after the period of non-use, and the court decided that actions taken post-acquisition did not excuse the prior non-use.

Outcome:

• The application and appeal were dismissed, and the decision to expunge the trademark registration was upheld.
• Costs were awarded to the respondent, Stikeman Elliott LLP, in the lump-sum amount of $9,000