A decision of the Federal Court deals with the standard of
review applicable to an appeal from the Trademarks Opposition
Board.
Vivo Mobile Communication Co., Ltd. v. Garmin Switzerland
GmbH 2022 FC 1410
The Facts
The Applicant applied for the trademark VIVO design, (the Mark),
as shown below
in association with "telephone apparatus, specifically
telephones, portable telephones, mobile telephones, cellular
telephones, and smartphones".
The Respondent opposed the application on the basis, among
others, that the Mark was not registrable because there was a
reasonable likelihood of confusion with the Respondent's
VIVOFIT and VIVOSMART trademarks registered (the Respondent's
Marks) in association with:
