The Federal Court struck a trademark registration for TRAVEL LEADERS because it was abandoned by the owner. The plaintiff satisfied its burden of proving the defendant had not used the trademark in association with travel services and there was an intention to abandon the mark. The Court held that “an intention to abandon may be inferred from a person’s failure to use the mark for an extended period of time.” The Court dismissed the plaintiff’s claim the trademark was registered in bad faith pursuant to section 18(1)(e) of the Trademarks Act but awarded the plaintiff nominal damages of $2,000 and punitive damages of $20,000.
Travel Leaders Group, LLC v. 2042923 Ontario Inc. (Travel Leaders), 2023 FC 319