Trademarks Opposition Board Decision Highlights Delays In The Application Process

In its recent decision in 2718971 Ontario Inc. v Kinde Company Ltd., the Trademarks Opposition Board (the "TMOB") dealt with an unusual set of facts that arose largely because of the lengthy delays in the trademark application process in Canada. Nearly two years after the applicant had filed an application to register KINDE COMPANY on a proposed use basis, but before it began using the trademark and before its application was advertised for opposition, the opponent began using the trademark, KIND, with similar goods and services. The opponent opposed the application on the basis that, by the time the application was finally advertised for opposition, the opponent had used KIND to such an extent that it had rendered KINDE COMPANY non-distinctive. The applicant, represented by Shift Law, persuaded the TMOB to reject the opposition.