Promotional Use Is Not Use Of A Trademark

In a recent decision of the Federal Court in Riches, McKenzie & Herbert LLP v. Cosmetic Warriors Limited (2018 FC 63) available here, Justice Manson allowed the appeal of the decision of the Registrar of Trademarks, thus overturning the finding that the Respondent had demonstrated use of the trademark LUSH in association with t-shirts. 

Cosmetic Warriors (the "Respondent") owns the Registration for the Trademark LUSH (the "Mark") in association with "Clothing, namely t-shirts".  The Respondent was required to furnish evidence of use in response to a s.45 non-use cancellation notice issued by the Registrar of Trademarks at the request of the Applicant, Riches, McKenzie & Herbert LLP.