1. HARLEY-DAVIDSON (T-348-23): Whether the Registrar's decision to amend the trademark registration for "HARLEY-DAVIDSON" by striking several goods was justified.
2. HARLEY (T-349-23): Whether the Registrar's decision to remove "motorcycles" from the "HARLEY" trademark registration was appropriate.

Procedural Background:

• Montréal Production Inc. initiated summary cancellation proceedings before the Trademarks Opposition Board (TMOB).
• The Registrar struck several items from the "HARLEY-DAVIDSON" and "HARLEY" registrations due to insufficient evidence of use.

Court's Analysis and Decision:

1. HARLEY-DAVIDSON Appeal (T-348-23):

   • The new evidence, including affidavits and exhibits, demonstrated that Harley-Davidson had sufficiently used the "HARLEY-DAVIDSON" mark on many of the goods during the relevant period.
   • The Registrar's decision to strike specific goods was overturned except for "bed tents, bed mats," and "safes, vaults," which lacked sufficient evidence.

2. HARLEY Appeal (T-349-23):

   • New affidavits and exhibits clearly showed the use of the "HARLEY" mark on packaging (shipping crates) for motorcycles during the relevant period.
   • The court reinstated "motorcycles" in the registration.

Costs and Penalties:

• The respondent, Montréal Production Inc., failed to appear at the hearing and did not respond to communication attempts.
• Costs were awarded to the applicant ($6,000 in total) for both appeals, and the respondent was ordered to reimburse the court $2,000 for unused interpretation services.

Conclusion:

• The court partially granted the "HARLEY-DAVIDSON" appeal and fully granted the "HARLEY" appeal, reinstating many of the goods originally struck by the Registrar.