Background:

• Thi Canada Inc. appealed a Trademarks Opposition Board (TMOB) decision refusing their opposition to King Rack Industrial Co., Ltd.’s trademark application for a stylized "BUZZRACK Design" mark.
• Thi Canada claimed the "BUZZRACK Design" mark was confusingly similar to their registered "BACKRACK" and "BACKRACK & Design" trademarks.

Issues on Appeal:

1. Whether the TMOB erred by focusing its analysis on the "BACKRACK" word mark instead of the "BACKRACK & Design" trademark.
2. Whether the TMOB failed to consider the marks in their totality.
3. Whether the TMOB overlooked common design elements in the marks.
4. Whether the TMOB erred in finding the marks did not significantly resemble each other in appearance.
5. Whether the TMOB improperly dissected the marks, emphasizing differences in meaning and sound.

Court’s Analysis and Decision:

• The Federal Court upheld the TMOB's decision, finding no errors in its analysis.
• The court found that the TMOB appropriately considered the trademarks in their totality and the most striking aspects of the marks, concluding that the "BUZZRACK Design" and "BACKRACK" trademarks were not confusingly similar.
• The court noted the TMOB's finding that the trademarks suggested different ideas and had different visual and auditory impacts, which affected the confusion analysis.

Outcome:

• The appeal was dismissed, with costs awarded to the respondent, King Rack Industrial Co., Ltd. The court found that the TMOB's decision was not flawed in its confusion analysis under the Trademarks Act.
• $4,000 in costs inclusive of disbursements, awarded to the Respondent.