Background:

• NBCL's trademark "North Brewing" was registered in 2015 for alcoholic beverages and promotional items.
• DLA Piper requested cancellation for non-use under section 45 of the Trademarks Act.
• NBCL missed the Registrar's notice due to an address change and failed to respond.
• The Registrar decided to expunge the trademark, and NBCL appealed, presenting new evidence of use.

Issues:

1. Is NBCL's new evidence material?
2. Does the evidence show trademark use during the relevant period (May 31, 2018 - May 31, 2021)?

Legal Principles:

• A trademark must be used within three years to avoid cancellation.
• Use involves the mark being displayed on or associated with the goods.
• Minor variations of the trademark are acceptable if the dominant features are maintained.

Court's Analysis:

• The new evidence, including affidavits and photos, was material and would have impacted the Registrar's decision.
• NBCL demonstrated trademark use for beer, ale, lager, mugs, bottle openers, key chains, and hats.
• The variations did not mislead the public and maintained the dominant features of the trademark.

Conclusion:

• The appeal was allowed, the expungement decision was set aside, and the trademark was maintained but amended.
• Deleted items: malt liquor, beer glasses, shirts, jackets, and pants.

Judgment:

• Registration No. TMA900498 for "North Brewing" is maintained for specific beverages and promotional items.
• The provided document does not mention any specific monetary award, costs, or damages granted or ordered.