Overview

In the Federal Court case, IBS Inc. (formerly Isaac Bennet Sales Agencies Inc.) successfully appealed against Mint Green Group Inc. regarding the expungement of the trademark "MINT." The trademark was initially expunged due to a purported lack of use, as evidenced during a section 45 proceeding of the Trademarks Act. IBS Inc. presented new evidence showing sufficient use, leading to the maintenance of the trademark registration for specific goods.

Legal Arguments/Issues

The main legal issue addressed was whether IBS Inc.'s new evidence was adequate to demonstrate the use of the "MINT" trademark during the relevant period. The court assessed the standard of review for the appeal, with the correctness standard applied due to the submission of new, material evidence, effectively treating the appeal as a de novo hearing.

Costs and Awards

Despite the successful appeal, costs were awarded against IBS Inc. due to its initial failure to provide necessary evidence during the Registrar's proceedings, necessitating the appeal. The court ordered IBS Inc. to pay Mint Green Group Inc. a lump sum of $4,000, inclusive of taxes and disbursements.

Conclusion

The appeal was allowed, reversing the expungement decision for the goods "toques, boots, slippers; belts" associated with the "MINT" trademark. The trademark's registration for these goods was maintained, based on evidence of their sale in Canada during the relevant period.