Key Points:

• Initial Trademark Application:

  • In November 2017, Panthera filed for trademark registration for the "PANTHERA" logo.
  • In November 2019, Jaguar opposed this registration, citing potential confusion with its "LEAPER" trademarks under section 12(1)(d) of the Trade-marks Act.

• Opposition and Commission Decision:

  • On May 29, 2023, the Trade-marks Opposition Board upheld Jaguar's opposition, concluding Panthera's trademark could cause confusion with Jaguar's.
  • The opposition was primarily based on the similarity between the marks and the associated goods/services.

• Appeal to Federal Court:

  • Panthera appealed the decision on August 14, 2023, introducing new evidence about the use of feline images in the market.
  • The new evidence included the affidavit of Panthera’s president, which demonstrated the commercial use of feline imagery by other companies like ARCTIC CAT and Dodge (Hellcat).

Federal Court's Analysis:

• New Evidence:

  • The court acknowledged the new evidence as significant, impacting the decision about the likelihood of confusion.
  • The court applied a de novo review due to the relevance of the new evidence.

• Factors Considered:

  • Distinctiveness: The court found that feline imagery is widely used in the automotive sector, reducing the distinctiveness of Jaguar's marks.
  • Nature of Goods/Services: Panthera’s and Jaguar’s products and markets were deemed sufficiently different.
  • Resemblance: While there was some resemblance, the context and market differences diminished the likelihood of confusion.

Conclusion:

• Judgment:
  • The appeal was upheld.
  • The initial decision by the Trade-marks Opposition Board was overturned.
  • The court ordered the Registrar to accept Panthera's trademark application No. 1,870,658.
  • Costs were awarded to Panthera. No amount specified.