Anashara v. BIZU Innovation Group

canada, canadian, case law, court opinion, canlii, fct, 2026fc1132, 2026 fc 1132 (canlii), 2026, fc, 1132, (canlii), t-3013-24, 2026, intellectual property, trademarks, expungement and reinstatement, trademarks act, s. 45 proceeding, whether “use” in canada was shown during the relevant period under trademarks act, s. 4(1), photographs, advertisement, and invoices assessed, intermediary retailer sales considered, registration restored with amended statement of goods, application allowed in part, evidence, fresh evidence, materiality on appeal, trademarks act, s. 56(5), whether new evidence is sufficiently substantial, significant and probative to warrant de novo review, no evidence filed before the registrar, materiality test applied from clorox and seara alimentos, de novo review granted, application allowed in part, intellectual property, trademarks, use in association with goods, whether evidence established use for all registered goods, undated photographs and advertisement insufficient to show transfer in normal course of trade, invoices limited to certain “swagger” items, use found only for specified apparel and sports bags, statement of goods amended, application allowed in part