"Bad Faith" As A Ground Of Opposition

A decision of the Federal Court has dismissed an appeal from a decision of the Trademark Opposition Broad. (Spirit Bear Coffee Company Inc. v. Kitasoo First Nation 2023 FC 1185). The decision illustrates the potential impact of the recent amendments to remove some grounds of opposition from the Trademarks Act and to add that "the application was filed in bad faith" as a ground of opposition. There is also no longer a requirement to include a statement in the application that the applicant is satisfied that they are entitled to use the trademark in association with the applied for goods or services.

The Opposition

The Spirit Bear Coffee Company Inc. (SBCC) applied to register the trademark SPIRIT BEAR COFFEE COMPANY (the Mark) on September 5, 2014. The application included a statement that SBBC was satisfied that it is entitled to use the Mark in Canada in association with the listed goods and services. This statement was required under subsection 30(i) of the Trad