The Federal Court recently overturned a Trademark Opposition Board (TMOB) decision and ruled in favor of Blaze Pizza, LLC (“Blaze”) in its dispute with Carbone Restaurant Group Ltd. (“Carbone”). Blaze had opposed Carbone’s application for the trademark FAST FIRED BY CARBONE & Design, citing its own registration for the trademark FAST FIRE’D BLAZE PIZZA & Design and its use of various similar trademarks. The TMOB found that there was no likelihood of confusion between the trademarks and that Blaze’s evidence of its use of FAST FIRE’D was insufficient. In the appeal before the Federal Court, Blaze introduced new evidence, including evidence of its extensive use of “FAST FIRE’D” in branding, such as its prominent display on pizza boxes.

The Federal Court reviewed the TMOB’s decision on a de novo basis, holding that the new evidence introduced by Blaze would have materially impacted the TMOB’s decision. The Federal Court ultimately ruled that, in view of the evidence, Carbone had not met its onus of establishing that it was entitled to registration or that its trademark was distinctive of Carbone. Accordingly, Carbone’s trademark application was refused.

This decision underscores the importance of evidence in trademark disputes before the TMOB and the Federal Court.

The full case can be found here.