The Respondent's trademark application for FUNDAWEAR (FR), which includes sexual products, was opposed by the Applicant. The Applicant has used its UNDERWEAR THAT’S FUN TO WEAR (UFW) registered trademark in Canada since the 1980s for children's underwear. The Registrar found no likelihood of confusion between the two trademarks and dismissed the opposition. The Applicant appealed and submitted new evidence showing the distinctiveness and extensive use of their trademark. The court reviewed the new evidence and concluded that the trademarks were confusingly similar. The Registrar's decision was set aside, and the Respondent's trademark application was refused. No costs were awarded.

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