FCA Reminds Us That Canadian Trademark Law Is Bilingual

On May 5, 2026, the Federal Court of Appeal (per Locke J.A., Roussel J.A., and Heckman J.A.) (“FCA”) upheld a Federal Court decision invalidating portions of several THERME-formative trademark registrations owned by Therme Development (“Therme”). The decision is noteworthy for its treatment of descriptiveness (including bilingual analysis), confusion and expert evidence.