The Opponent's Onus

Ebox Inc. (the Applicant) applied for the trademark EBOX TV (the Mark) based on proposed use in Canada in association with services consisting of providing internet access, internet telephony, web hosting, and assistance and troubleshooting in the event of network failures.

The Opposition

An individual opposed the application on the grounds that the Applicant was not the person entitled to registration of the Applicant's Mark in association with the Applicant's Services since at the filing date of the Application:

a) the Applicant's Mark was confusing with the Opponent's IBOX TV TM Trademark that was previously used in Canada, and is still in use, in association with the Opponent's Goods and Services.