Federal Court Outlines Test for Admitting New Evidence on Appeals From the Trademarks Opposition Board

Co-authored with Marc Mitri

On January 16, 2026, the Federal Court (per McHaffie J) held that the Trademarks Opposition Board (“Board”) erred in refusing registration of Products Unlimited, Inc.’s (“Applicant”) FILTER DESIGN trademark. Of note, this was the first judicial decision to consider the interpretation of subsection 56(5) of the Trademarks Act (effective April 1, 2025) and the proper approach to determining requests to adduce additional evidence on appeal from a Board decision.