Federal Court Reiterates The Low Evidentiary Burden For Overcoming Section 45 Cancellation Proceedings

In the recent decision of Black & Decker Corporation v. Method Law Professional Corporation, 2016 FC 1109, the Federal Court allowed the appeal of the Registrar of Trademarks' decision to amend the registration for PIRANHA (reg. no.TMA330,222) pursuant to section 45 of the Trade-marks Act.

Section 45 of the Trade-marks Act provides that a registered owner of a trademark must provide evidence showing, with respect to each of the goods or services specified in the registration, whether the trademark was in use in Canada at any time during the three-year period immediately preceding the date of the Notice (known as the "Relevant Period"). The failure to provide evidence of use, or a reason excusing non-use, will result in the registration being amended or expunged.