Citation: 2021 TMOB 184

Date of Decision: 2021-07-26

IN THE MATTER OF A SECTION 45 PROCEEDING

	Essilor Group Canada Inc.	Requesting Party
and
	Vermillion Networks Inc.	Registered Owner
	TMA891,721 for SWIRL DESIGN	Registration

Introduction

[1] At the request of Essilor Group Canada Inc. (the Requesting Party), the Registrar of Trademarks issued a notice under section 45 of the Trademarks Act, RSC 1985, c T-13 (the Act) on December 13, 2017, to Vermillion Networks Inc. (the Owner), the registered owner of registration No. TMA891,721 for the trademark SWIRL DESIGN (the Mark), shown below:

[2] The Mark is registered for use in association with the goods and services listed in Schedule A.

[3] For the reasons that follow, I conclude that the registration ought to be maintained in part; the goods and services shown in “strikethrough” in Schedule A will be deleted.

[4] The notice required the Owner to show whether the Mark had been used in Canada in association with the registered goods and services at any time within the three-year period immediately preceding the date of the notice and, if not, the date when it was last in use and the reason for the absence of such use since that date. In this case, the relevant period for showing use is December 13, 2014, to December 14, 2017.

[5] The relevant definitions of use are set out in section 4 of the Act as follows:

4(1) A trademark is deemed to be used in association with goods if, at the time of the transfer of the property in or possession of the goods, in the normal course of trade, it is marked on the goods themselves or on the packages in which they are distributed or it is in any other manner so associated with the goods that notice of the association is then given to the person to whom the property or possession is transferred.

4(2) A trademark is deemed to be used in association with services if it is used or displayed in the performance or advertising of those services.

[6] It is well established that bare statements that a trademark is in use are not sufficient to demonstrate use in the context of section 45 proceedings [Plough (Canada) Ltd v Aerosol Fillers Inc (1980), 53 CPR (2d) 62 (FCA) [Plough]]. Although the threshold for establishing use in these proceedings is low [Woods Canada Ltd v Lang Michener (1996), 71 CPR (3d) 477 (FCTD)], and evidentiary overkill is not required [Union Electric Supply Co Ltd v Registrar of Trade Marks (1982), 63 CPR (2d) 56 (FCTD)], sufficient facts must still be provided to permit the Registrar to arrive at a conclusion of use of the trademark in association with each of the goods and services specified in the registration during the relevant period [John Labatt Ltd v Rainier Brewing Co (1984), 80 CPR (2d) 228 (FCA) [John Labatt]].

[7] In response to the Registrar’s notice, the Owner furnished the affidavit of Wade Ferguson, director of the Owner, sworn January 31, 2019. Both parties submitted written representations. No oral hearing was held.

Evidence and Analysis

[8] Mr. Ferguson’s evidence consists of a somewhat lengthy affidavit along with several documents and a CD-ROM containing a large volume of materials, all attached as Exhibit 1 to his affidavit (including numerous “tabs”). In his affidavit, he provides information on the Owner’s structure, relationships with other entities, and activities since 2008. In brief, the Owner is a not-for profit company in the area of sustainability, and provides a number of goods and services relating to its primary goal of promoting sustainability. Mr. Ferguson states that the Owner licenses use of its trademarks to other entities, such as other “Vermillion communities” including Vermillion Calgary, Vermillion Institute, and Vermillion Professional Network. Mr. Ferguson states that, during the relevant period, the Owner controlled the character and quality of goods and services offered or provided in association with the Mark in Canada by those Vermillion communities and other licensees. In view of this sworn statement, I am satisfied that any evidenced use of the Mark by the Vermillion communities and other licensees enures to the Owner’s benefit [see Empresa Cubana Del Tobaco Trading v Shapiro Cohen, 2011 FC 102 [Empresa Cubana] at para 84]. As such, for the sake of simplicity, I will refer to the Owner and the other “Vermillion communities” collectively and individually throughout this decision as “Vermillion” where appropriate. Evidence pertaining to specific goods and services will be discussed in further detail below.

[9] The Requesting Party makes numerous submissions with respect to the Owner’s evidence. Submissions with respect to specific exhibits or tabs will be discussed where relevant; however, I note that throughout its submissions, the Requesting Party characterizes a number of Mr. Ferguson’s statements as “bald assertions”, especially statements regarding distribution of the evidenced materials during the relevant period. However, it is well established that an affiant’s statements are to be accepted at face value and must be accorded substantial credibility in a section 45 proceeding [Oyen Wiggs Green & Mutala LLP v Atari Interactive Inc, 2018 TMOB 79 at para 25]. Further, evidence in a section 45 proceeding must be considered as a whole, and focusing on individual pieces of evidence in isolation is not the proper approach [see Kvas Miller Everitt v Compute (Bridgend) Limited (2005), 47 CPR (4th) 209 (TMOB); and Fraser Milner Casgrain LLP v Canadian Distribution Channel Inc (2009), 78 CPR (4th) 278 (TMOB)]. Accordingly, I am prepared to take Mr. Ferguson’s sworn statements at face value where they are sufficiently clear to permit me to do so.

[10] However, I agree with the Requesting Party that large portions of Mr. Ferguson’s evidence is of limited or no relevance in this proceeding as much of it is dated outside the relevant period or refers to events that took place outside the relevant period. The section 45 notice required the Owner to demonstrate use of the Mark in the three-year period preceding the section 45 notice. The fact that Vermillion may have performed or advertised certain services prior to the relevant period does not necessarily assist me in concluding that such services were also performed or advertised during the relevant period as required. Nevertheless, some of the Owner’s evidence is dated within or otherwise connected to the relevant period; accordingly, while I have considered all of the evidence submitted by the Owner, only those pieces of evidence relevant to this decision will be discussed below.

[11] I further note that Mr. Ferguson’s affidavit contains few references to any of the particular registered goods or services. While Mr. Ferguson has included a marked-up pdf copy of the registration assigning numerical codes to each good and service, these codes are only referenced a handful of times throughout the affidavit. Instead, the Owner’s written representations correlates certain exhibited items and/or paragraphs of Mr. Ferguson’s affidavit with each registered good or service; however, in many cases, upward of a dozen such documents or paragraphs are listed, with no explanation as to how they relate to the registered good or service in question. This is not the correct approach in a section 45 proceeding, as it is not for the Registrar to speculate as to the nature of the registered goods or services [Fraser Milner Casgrain LLP v Fabric Life Ltd, 2014 TMOB 135 at para 13; Wrangler Apparel Corp v Pacific Rim Sportswear Co (2000), 10 CPR (4th) 568 (TMOB) at para 12]. Despite this, bearing in mind the principles that goods and services are to be construed liberally in a section 45 proceeding and that reasonable inferences can be made from the evidence provided [Eclipse International Fashions Canada Inc v Shapiro Cohen, 2005 FCA 64], I am able to determine from the evidence provided that the Owner used the Mark in association with many of the goods and services, as discussed below.

[12] I also note that at least four separate “swirl” trademarks appear in the Owner’s evidence. As the only differences between these trademarks are colour schemes and slight differences in shape, I am satisfied that use of any of these swirl designs would constitute use of the Mark, and I will refer to them collectively as “the Mark” throughout my decision.

Goods

[13] Mr. Ferguson explains that Vermillion sells merchandise displaying its trademarks in the normal course of trade as a secondary revenue stream. With respect to the registered goods “mugs”, “canvas shopping bags”, “paper napkins”, and “Clothing, namely, T-shirts and hats”, Mr. Ferguson furnishes photographs of these goods with attached tags or stickers displaying the Mark or, in the case of t-shirts, with the product itself displaying the Mark. Mr. Ferguson also attaches invoices showing sales of small quantities of these goods in Canada. Although the invoices are undated, Mr. Ferguson confirms that these goods were transferred during the relevant period. Accordingly, I am satisfied that the Owner has demonstrated use of the Mark in association with these registered goods within the meaning of sections 4 and 45 of the Act.

[14] With respect to the registered goods “stationery supplies, namely, pens, notepads, postcards, bumper stickers, decals”, similarly, Mr. Ferguson includes photographs of notepad and pen sets with a label displaying the Mark, as well as decals displaying the Mark, along with invoices showing sales of notepad and pen sets and decals. Accordingly, I am satisfied that the Owner has demonstrated use of the registered goods “stationery supplies, namely, pens, notepads,” and “decals” within the meaning of sections 4 and 45 of the Act.

[15] However, there are no invoices showing sales of postcards or bumper stickers. I note that Tab E-4 p3c includes a reference to bumper stickers alongside a photograph of a box of goods displaying the Mark; however, the item in the photograph appears to be one of the decals shown elsewhere in evidence; in any event, there is no evidence showing sales of bumper stickers during the relevant period. To the extent that such decals may be considered bumper stickers, I note that having differentiated between these goods in the registration, the Owner was obligated to furnish evidence demonstrating use of each good [John Labatt]. Accordingly, I am not satisfied that the Owner has shown use of the Mark in association with “postcards” or “bumper stickers” within the meaning of sections 4 and 45 of the Act.

[16] With respect to the registered goods “Printed materials, namely, pamphlets, reports, and printed guides, all in the field of best practices and techniques for businesses, organizations, people and societies in the areas of management, financial performance, sustainability performance, sustainability reporting, economics, marketing and sales (except in the field of sales and marketing skills for mortgage and home equity loans), media relations, communication and advertising, cultural activities, fair trade, public policy, leadership, environment, social affairs and public affairs”, Mr. Ferguson states that Vermillion uses the Mark in association with printed reports which it sells in order to generate revenue. In support, as Tab J-5, he attaches a number of invoices for sales of various reports. Of these invoices, the only ones dated within the relevant period show sales of a report entitled “The Road to Rio +20, revisited”. As Tab D-41, Mr. Ferguson attaches a report entitled “The Road to Rio +20”, which contains information relating to the United Nations Rio+20 conference on sustainable development, and displays the Mark on its cover. Mr. Ferguson confirms that the Mark was displayed in this manner on Vermillion’s subsequent Road to Rio +20 reports. In the absence of further clarification from the Owner, I find that this document corresponds most readily with “Printed materials, namely, [...] reports, [...] all in the field of best practices and techniques for businesses, organizations, people and societies in the areas of [...] sustainability performance.” Accordingly, I am satisfied that the Owner has demonstrated use of the Mark in association with such goods within the meaning of sections 4 and 45 of the Act. As there is no evidence of sales during the relevant period of other printed materials in association with the Mark, I am not satisfied that the Owner has demonstrated use of the Mark with respect to any of the remaining “printed material” goods in other subject areas within the meaning of sections 4 and 45 of the Act.

Services

[17] As noted above, much of the evidence filed by the Owner does not assist me in determining whether the Owner used the Mark in association with the particular registered goods and services during the relevant period. As such, I have set out below those pieces of evidence which are dated within or related to the relevant period and purport to show use of the Mark in association with particular services, as correlated in Mr. Ferguson’s affidavit and the Owner’s written representations. Each piece of evidence noted below displays the Mark unless otherwise indicated; for instance, the website screenshots display the Mark on every page, the slide shows display the Mark at the start or end of the presentation or otherwise in the course of the presentation, and the emails contain the Mark in their signature block, unless otherwise noted.

[18] However, while Mr. Ferguson states at paragraph 8 of his affidavit that any reference to “use” of the Mark in his affidavit means use “before, during or after the Relevant Period”, I note that the Owner is obligated to not merely state, but to demonstrate, that such use took place during the relevant period. In this respect, I note that, in some instances, Mr. Ferguson attaches emails dated prior to the relevant period (e.g., Tab D-7 p1 or Tab E-3 p2), and states that such emails are representative of emails sent during the relevant period (at paras 156 and 87, respectively). However, given that numerous emails from the relevant period are also attached in evidence and that many of the emails contain unique and distinct content tailored to each recipient, I am not prepared to accept that emails sent prior to the relevant period are “representative” of emails sent during the relevant period. Similarly, materials advertising an event prior to the relevant period or an event outside of Canada do not establish that the Owner was offering and prepared to perform such services in Canada during the relevant period; however, I am prepared to accept that past actual performance of a service is an indicator of Vermillion’s ability to perform such services otherwise advertised and offered during the relevant period.

[19] In many instances, the Owner’s use of the Mark is in association with advertisement, rather than performance, of the registered services in question. The display of a trademark in the advertisement of services is sufficient to satisfy the requirements of section 4(2) of the Act, from the time the owner of the trademark offers and is ready to perform the services in Canada [Wenward (Canada) Ltd v Dynaturf Co (1976), 28 CPR (2d) 20 (TMOB)]. In this case, I consider the display of the Mark in association with services referenced on Vermillion websites, presentation slides, and emails to be display in advertisement of those services. Where Mr. Ferguson provides emails dated during the relevant period to Canadian recipients advertising or offering certain services, I accept that Vermillion was prepared to perform those services during the relevant period unless otherwise noted.

[20] Further, unlike goods, the Registrar has previously held that “in certain cases, statements of services contain overlapping and redundant terms in the sense that the performance of one service would necessarily imply the performance of another” [Gowling Lafleur Henderson LLP v Key Publishers Co, 2010 TMOB 7 at para 15; see also Provent Holdings Ltd v Star Island Entertainment, LLC, 2014 TMOB 178 at para 22; GMAX World Realty Inc v RE/MAX, LLC, 2015 TMOB 148 at para 69]. In this case, as the registration appears to contain numerous overlapping or redundant registered services, evidence of performance or advertisement of a single service may serve to demonstrate use in association with multiple terms in the registration, as set out below.

Exhibit 1b: Community Subscriber Application

[21] As Exhibit 1b, Mr. Ferguson attaches a “community subscriber application” by which prospective members can apply for Vermillion membership and services. He confirms that it was distributed to prospective members in Canada during the relevant period. This agreement states, inter alia, that Vermillion will provide “news” in various fields, and includes a field for “email address for business subscribers”. Accordingly, I am satisfied that the Owner used the Mark in association with the registered service “news agency services, namely, gathering and dissemination of news” within the meaning of sections 4 and 45 of the Act.

[22] I am also satisfied, based on this evidence, that the Owner used the Mark in association with the registered services “association services, namely, distributing newsletters through [...] e-mail [...] transmissions” within the meaning of sections 4 and 45 of the Act. I note that the full registered service is “association services, namely, distributing newsletters through mail, e-mail and facsimilie transmissions”; however, much of Mr. Ferguson’s evidence, including the exhibited community subscriber application and paragraph 108(ix)(e) of his affidavit, refer only to newsletters sent by email. Further, the Owner’s written representations only cite evidence in support of “association services, namely, distributing newsletters through e-mail transmissions”. Accordingly, I am not satisfied that the Owner used the Mark in association with distribution of newsletters through “mail” or “facsimilie” transmissions.

Tab D-7 p2: Academic Emails

[23] As Tab D-7 p2, Mr. Ferguson attaches emails to a recipient at the University of Calgary, dated within the relevant period, in which he states that Vermillion Calgary “may be generating some directed study opportunities for students to apply their learnings in real-world settings” in the form of “applied-learning opportunities” involving the Innovators in Sustainability program. An applied-learning curriculum is also referenced at page 8 of the Tab I-40 Innovators in Sustainability website, and it appears that the Innovators in Sustainability program was operative during the relevant period. Accordingly, I am satisfied that the Owner used the Mark in association with the registered services “educational services, namely, providing a curriculum to schools that provides students with simulations and real-world experiences” within the meaning of sections 4 and 45 of the Act.

Tab D-41: Rio+20 Reports

[24] With respect to the registered services “promoting public interest in and awareness of global issues and international cooperation”, given that the Owner has demonstrated that it was promoting and selling the aforementioned Rio+20 report displaying the Mark in Canada during the relevant period, I am satisfied that the Owner has demonstrated use of the Mark in association with this service within the meaning of sections 4 and 45 of the Act.

Tab D-44: “Innovators in Sustainability” Email

[25] As Tab D-44, Mr. Ferguson attaches an email dated during the relevant period, in which he offers to feature the recipient’s organization in Vermillion Calgary’s “Innovators in Sustainability project”. He explains in the email that this project would involve a tour of the recipient’s facility and a public event to showcase its efforts in the area of sustainability, as well as recording of content for a television or digital media documentary. A “Terms and Conditions” section is attached to the email, which states that Vermillion may engage in various activities to promote the event and the recipient; the document indicates that Vermillion “will make reasonable attempts to find a nearby restaurant and / or a beverage company” to sponsor such an event. I note that the Tab I-40 “Innovators in Sustainability” webpage shows that this project was active during the relevant period, with at least two participants. Accordingly, I am satisfied that the Owner used the Mark in association with the following registered services within the meaning of sections 4 and 45 of the Act:

· “promoting public interest in and awareness of the need for financial support to non-governmental organizations and their programs”,

· “association services, namely, organizing and conducting luncheon and dinner events recognizing the achievements of private and public companies and governmental and non-governmental organizations for the purpose of fostering progress in sustainable development and in other public affairs”,

· “providing news, information, and consultation in the field of financial support to non-governmental organizations”,

[26] With respect to the registered service “human resources services, namely, employee and student communications and employer branding”, Mr. Ferguson correlates this service with the aforementioned “Innovators in Sustainability project” referenced in the Tab D-44 email and the Tab I-40 website, showing such “innovators” along with Vermillion’s branding. Given that the Owner has also provided evidence of employee and student communications in the form of the Tab G materials (including Tab G-6 p2) related to employee opinion surveys, the Tab H-23 email referring to mediation with an employee, and the Tab D-7 emails relating to communication with students, I am satisfied that the Owner used the Mark in association with this service within the meaning of sections 4 and 45 of the Act.

Tabs E-11 and H-1: Stakeholders’ Exchanges

[27] Mr. Ferguson states that Vermillion’s services included its Professional Stakeholders’ Exchange (“PSX”) and Global Stakeholders’ Exchange (“GSX”), which are networks to which organizations may subscribe to receive a variety of services from Vermillion. The materials relating to these networks appear to be substantially similar; as a result, for the purposes of this proceeding, I will refer to them collectively. It appears that the main purposes of these networks are to allow members to collaborate, share research and resources, find prospective clients, and utilize resources provided by Vermillion and others. These services are purportedly delivered through “events, forums, and online discussions” [Tab H-1]; the networks appear to have been advertised to NGOs and organizations specializing in sustainability, engineering and architecture, communications, IT, and business consulting, and would include working groups to address such issues as industry research, clean technology, education, and governance policy.

[28] The Requesting Party submits that the GSX materials are written in the future tense and there is no indication that the Owner was offering and prepared to perform these services during the relevant period. However, I note that as Tab E-11 p2, Mr. Ferguson has attached a subscription form by which prospective members can join this network, and the document shows a current member featured on a Vermillion website. Accordingly, I am satisfied that the Owner was offering and prepared to perform the GSX services as advertised in the documents listed below during the relevant period.

[29] Mr. Ferguson attaches a number of documents relating to these networks, including Tab E-11 relating to the GSX, which displays the Mark and “has been distributed continuously to Canadians since” 2010, and a “PSX Document” (Tab H-1), which he confirms was “distributed continuously to Canadians since March 2010 (in excess of 45 such times during the Relevant Period)”. Accordingly, Mr. Ferguson’s evidence establishes that, at minimum, the Owner was advertising and prepared to perform the following registered services within the meaning of sections 4 and 45 of the Act (with exceptions as noted in corresponding subheadings):

· “association services, namely, administering educational [...] and professional exchange programs, and research programs in the fields of business, [...] technology, [...] sustainable development [...]”,

o I note that the full registered service is “association services, namely, administering educational, cultural, international student, and professional exchange programs, and research programs in the fields of business, law, technology, politics, international relations, fair trade, sustainable development, civil society, and human rights”; however, as neither these or other materials appear to refer to “international student” or “cultural [...] exchange programs”, or such programs in the fields of “law, [...] politics, international relations, fair trade, [...] civil society, and human rights”, in the absence of further clarification by the Owner, I am not satisfied that the Owner used the Mark in association with these other programs or fields.

· “cooperative advertising and marketing services, namely, pooling the advertising or marketing resources of others to enable results that individual participants could not produce at similar rates” (given that the Tab H-1 document states that members “can pool [their] resources to build effective messages and templates”),

· “providing a computerized online business-to-business portal providing access to information, resources, business forms and non-downloadable software tools for use by businesses, governments, and non-governmental organizations”,

· “arranging and conducting trade shows and conferences in the field of sustainable development, business, business management, and other public affairs”,

· “educational services, namely, sponsoring and conducting educational [...] and professional exchange programs, policy conferences, and research programs”,

o I note that the full registered service is “educational services, namely, sponsoring and conducting educational, cultural, international student, and professional exchange programs, policy conferences, and research programs”; however, as neither these or other materials appear to refer to sponsoring “cultural” or “international student” exchange programs, in the absence of further clarification by the Owner, I am not satisfied that the Owner used the Mark in association with these programs.

· “computer services, namely, providing on-line connectivity to databases to enable real-time interaction between computer users about best practices and lessons”.

[30] I am also satisfied that these materials demonstrate use of the Mark in association with the following registered services within the meaning of the Act:

computer services, namely, providing a computer communications database for the exchange of information and news about best practices and lessons learned between businesses, governments, non-governmental organizations and people in the areas of management, organizational performance, [...] financial performance, sustainability performance, engineering, construction, architecture, [...] sustainability reporting, information technology, [...] procurement, [...] economics, [...] industry market research, [...] marketing and sales, [...] business, [...] environment

[31] I note that the full registered service is as follows:

computer services, namely, providing a computer communications database for the exchange of information and news about best practices and lessons learned between businesses, governments, non-governmental organizations and people in the areas of management, organizational performance, accounting, financial performance, sustainability performance, engineering, construction, architecture, financial reporting, sustainability reporting, information technology, computerized information processing, managed offices, outsourcing, procurement, auditing, economics, insurance, human resources, employment opportunities, law, industry market research, consumer market research, marketing and sales, media relations, communication and advertising, leisure, cultural activities, fair trade, current events, world events, politics, public policy, the legislative process, government, business, leadership, networking, environment, social affairs and public affairs, arbitration and mediation, and the promotion of awareness of and fostering development of a civil society

[32] However, neither these or other materials appear to refer to a database for the exchange of information and news in the remaining fields or subject areas. Indeed, a number of these areas are not mentioned or correlated with evidence in the Owner’s written representations. In the absence of further clarification by the Owner, I am not satisfied that the Owner used the Mark in association with these areas.

Tab E-15: Toronto NGO Email

[33] As Tab E-15, Mr. Ferguson attaches an email dated within the relevant period to a Toronto-based NGO. While Mr. Ferguson indicates in the letter that some of the fundraising services will only be available in the second quarter of 2018, after the relevant period, he indicates that services offered by Vermillion in the first quarter of 2018 include presenting Vermillion’s educational content in Toronto, sharing sponsorship revenue, and giving the client a forum to discuss its work. Accordingly, I am satisfied that the Owner used the Mark in association with the registered service “recruiting sponsors” within the meaning of sections 4 and 45 of the Act.

[34] I am also satisfied, based on this evidence, that the Owner used the Mark in association with the registered service “Charitable, not-for-profit [...] fund-raising services for others” within the meaning of sections 4 and 45 of the Act. I note that the full registered service is “Charitable, not-for-profit and political fund-raising services for others”; however, neither this or other evidence clearly refers to political fund-raising services for others. Further, the Owner’s written representations only cite evidence in support of “Charitable, not-for-profit fund-raising services for others”. Accordingly, I am not satisfied that the Owner used the Mark in association with “political” fund-raising services.

[35] The Owner also refers to this email, as well as communications with a number of NGOs dated outside the relevant period, in support of the following registered services:

providing grants, financial support and direct technical assistance to non-governmental organizations and their recipients in the field of sustainable development, economics and economic development, governmental and social policy, public and social affairs, human and civil rights, education, legal reform, media and communications, international affairs, and the promotion of awareness of and fostering the development of a civil society.

[36] I note that the E-15 email refers to the Toronto-based NGO’s work in the field of “behavioural change”; no further explanation is provided as to the nature of the work done by this NGO. Furthermore, the Owner refers to PSX documents attached as Tabs H-8 and H-9 in support of these services; however, such materials do not refer to grants, financial support, or direct technical assistance in any of the listed fields. Accordingly, Mr. Ferguson’s evidence and the Owner’s submissions do not explain how Vermillion provided this service in any of the fields listed above; however, based on the evidence as a whole, I am satisfied that the Owner has established use of the Mark in association with “providing grants, financial support and direct technical assistance to non-governmental organizations and their recipients in the field of sustainable development [...]” within the meaning of sections 4 and 45 of the Act. If Vermillion provided this service in fields beyond sustainable development, it was incumbent on the Owner to clearly demonstrate how it had done so.

Tab F-2: Vermillion Analytics Slides

[37] As Tab F-2, Mr. Ferguson attaches a slide show which he refers to as “Vermillion Analytics slides” and confirms that they were used in presentations during the relevant period. The slides appear to include information relating to sustainability, business practices, the marketplace, governments and regulation, technology, and profits. With respect to these slides, Mr. Ferguson refers specifically to Vermillion conducting profit surveys. Accordingly, I am satisfied that the Owner used the Mark in association with the following registered services within the meaning of sections 4 and 45 of the Act:

· “conducting profit surveys”,

· “providing statistical information”,

· “economic forecasting and analysis”,

· “providing financial information, financial analysis and consultation”,

· “financial research”,

· “scientific research and consultation, namely, providing industrial analysis and research related to technology change and sustainable development”, and

· “scientific research and consultation, namely, providing social analysis and research related to public affairs”.

[38] With respect to “collection of data to a central file in the fields of politics, economics, social affairs, leisure, cultural activities and commercial affairs, and analysis of this data once collected”, the Owner again refers to the “Vermillion Analytics slides” and various other materials, most of which cannot be classified as a central file containing data or analysis thereof. However, in view of the topics referenced in the Vermillion Analytics slides, I am satisfied that the Owner has demonstrated use of the Mark in association with “collection of data to a central file in the fields of politics, economics, [...] and commercial affairs, and analysis of this data once collected” within the meaning of sections 4 and 45 of the Act. If Vermillion used the Mark in association with data collection in other fields, it was incumbent on the Owner to explain how its evidence related to each specific field.

Tab F-3: Vermillion Overview Presentation

[39] As Tab F-3, Mr. Ferguson attaches slides from a “Vermillion Overview Presentation” including promotional materials describing Vermillion and its activities, and on sustainability. Mr. Ferguson states that the Mark was used in association with this presentation in 2009 and during the relevant period, and states that “for the most part, this took place at the Vancouver GLOBE conferences during the Relevant Period (in presentations to the electronic and print media companies in attendance)”. Given that such presentations can broadly be considered “providing information”, I am satisfied that the Owner used the Mark in association with the registered service “providing [...] information [...] in the fields in the electronic and print media” within the meaning of sections 4 and 45 of the Act.

[40] I note that the full registered service is “providing news, information, and consultation in the fields in the electronic and print media”; however, the Owner correlates just “providing information in the fields in the electronic and print media” with only this tab and corresponding paragraph. If Vermillion provided “news” or “consultation” as they relate to these fields, it was incumbent on the Owner to explain how its evidence demonstrated as such.

Tab F-4: Vermillion Strategic Presentation

[41] As Tab F-4, Mr. Ferguson attaches slides from a “Vermillion Strategic Presentation” outlining Vermillion’s services and activities. While the Requesting Party submits that it is not clear whether some or all of these materials were presented during the relevant period, Mr. Ferguson confirms at paragraph 108(ix)(d) of his affidavit that this presentation was performed at least twice per month during the relevant period. He confirms that in the course of this presentation, prospective supporters were informed that Vermillion would advertise their businesses on its website, by distributing coupons and discounts, and by distributing those companies’ educational materials. Accordingly, I am satisfied that the Owner used the Mark in association with the following services within the meaning of sections 4 and 45 of the Act:

· “preparation of advertising for others in the electronic and print media”,

· “advertising services, namely, providing coupons and discounts for goods and services offered by others”,

· “educational services, namely, disseminating the educational materials of others”, and

· “Arranging of promotional operations and activities that allow people to sample the goods and services of others”.

[42] Mr. Ferguson also refers to this presentation, along with other materials, as evidence of use of the Mark in association with the registered services “providing news, information, and consultation pertaining to financial and investment matters as they relate to the field of sustainable development, economics and economic development, governmental and social policy, public and social affairs, human and civil rights, education, media and communications, and international affairs”. As these materials relate generally to sustainable development, economics, and economic development, I am satisfied that the Owner used the Mark in association with the services “providing news, information, and consultation pertaining to financial and investment matters as they relate to the field of sustainable development, economics and economic development” within the meaning of sections 4 and 45 of the Act. With respect to the remaining fields, I note that the other materials cited by Mr. Ferguson include the “Ongoing Academic Offer” emails attached as Tab D-7 p1 and p2, which are mainly dated outside the relevant period and do not refer to these services; materials relating to a webinar and a newsletter dated in 2012; a number of emails dated outside the relevant period and attached as Tab G-1; and the Vermillion presentations attached as Tab F-1 through F-4. While some of the Owner’s materials refer generally to the other fields, if Vermillion provided “news, information, or consultation pertaining to financial or investment matters” as they relate to “governmental and social policy, public and social affairs, human and civil rights, education, media and communications, and international affairs”, it was incumbent on the Owner to explain how its evidence related to each specific field.

Tab G: Emails

[43] As Tab G-3 p1, Mr. Ferguson attaches an email to a municipal employee dated within the relevant period, offering Vermillion’s assistance in “reviewing the development, approval and communication of city programs so as to optimize their effectiveness and regulatory compliance”. The email makes specific reference to compliance with Canadian regulation, and includes information and recommendations in this area, demonstrating that at minimum, Vermillion was able to perform this service during the relevant period. Accordingly, I am satisfied that the Owner used the Mark in association with the registered services “reviewing standards and practices to assure compliance with environmental, [...] building code and zoning laws and regulation” within the meaning of sections 4 and 45 of the Act. I note that the full registered service is “reviewing standards and practices to assure compliance with environmental, public financial market, telecommunications, building code and zoning laws and regulation”; however, the Owner correlates only “reviewing standards and practices to assure compliance with environmental, [...] building code and zoning laws and regulation” with any of its evidence. If Vermillion provided such services to assure compliance with public financial market or telecommunications laws or regulations, it was incumbent on the Owner to explain how its evidence demonstrated as such. In the absence of such evidence with respect to the fields of “financial market, telecommunications”, the registration will be amended accordingly.

[44] As Tab G-6 p2, Mr. Ferguson provides emails dated during the relevant period to a Canadian recipient advertising Vermillion’s opinion poll services, and explains that Vermillion conducts surveys of businesses and members of the public, and then shares such data with its members. Mr. Ferguson confirms at para 229(viii) of his affidavit that Vermillion conducted such a survey in June 2017. I am therefore satisfied that the Owner used the Mark in association with the following registered services within the meaning of sections 4 and 45 of the Act:

· “opinion polling for business, non-business, political, advertising and non-advertising purposes”,

· “production and interpretation of information collected on public and consumer opinions and behavior within the scope of research, marketing, advertising studies, and satisfaction studies”, and

· “disseminating information relating to production and interpretation of information collected on public and consumer opinions and behavior within the scope of research, marketing, advertising studies, and satisfaction studies”.

[45] As evidence of use in association with the registered services “market research services, namely, conducting business, market research, and opinion poll surveys in the field of politics, economics, public, international, and social affairs, leisure, cultural activities and commercial affairs”, the Owner also relies on the Tab G-6 emails along with the Tab F-2 Vermillion Analytics slides, Tab F-4 p6 of the Vermillion Strategic Presentations, and invoices and other materials dated outside of the relevant period. However, the materials dated during the relevant period indicate that these surveys were primarily in the area of sustainability; the most specific indication of the content of the surveys is a reference in the Tab G-6 email to Vermillion’s “opinion poll surveys of industry personnel in relation to sustainability and various other business and commercial affairs”. There is no reference to surveys in other fields in these emails or elsewhere in the evidence put forward by the Owner in support of this service. Accordingly, with respect to the registered “market research services”, I am only satisfied that the Owner used the Mark in association “market research services, namely, conducting business, market research, and opinion poll surveys in the field of [...] economics, public, [...] and commercial affairs”, within the meaning of sections 4 and 45 of the Act.

[46] As Tab G-7, Mr. Ferguson attaches an email dated within the relevant period to a Calgary-based veterinary group advertising free-of-charge promotion involving materials displayed in physical installations as part of the “Innovators in Sustainability” program. Copies of similar materials dated outside the relevant period are included elsewhere in evidence, such as at Tab D-26; given that the “Innovators in Sustainability” program appears to have been operating during the relevant period, I am satisfied that Vermillion was, at minimum, prepared to perform this service during the relevant period. Accordingly, I am satisfied that the Owner used the Mark in association with the registered service “arranging and conducting marketing programs with or on behalf of third parties to promote fundraising for and education about and support for sustainable development and other public affairs, namely, by the dissemination of printed materials and of other advertising materials” within the meaning of sections 4 and 45 of the Act.

Tab H-16: ICT Email

[47] As Tab H-16, Mr. Ferguson refers to an email sent by a member of a licensee of the Owner during the relevant period, working as an information technology project manager performing “procurement services” for a Northern Alberta First Nation. The email provides pricing information for an unidentified product and refers to a party’s IT decision maker. The Requesting Party states that because Mr. Ferguson does not explain how he obtained this email or how he knows its context, it should be treated with caution. However, given the summary nature of section 45 proceedings, “concerns with respect to the hearsay nature of evidence can go to weight, rather than admissibility” [Eva Gabor International Ltd v 1459243 Ontario Inc, 2011 FC 18 at para 18].

[48] I note that Mr. Ferguson refers to this email in support of the registered service “providing information in the fields of information technology, computers and computer systems” as well as a number of other registered services, as discussed in greater detail below; however, I am only satisfied that this document demonstrates use of the Mark in association with “providing information in the fields of information technology [...]” within the meaning of sections 4 and 45 of the Act.

Tab H-23: Mediation Email

[49] As Tab H-23, Mr. Ferguson attaches an email to a Calgary-based recipient dated within the relevant period, in which Mr. Ferguson provides suggestions to an unidentified employer in managing a dispute with an employee. He further states in the email that “Vermillion offers again [...] to help you try to mediate this dispute free of charge”. Accordingly, I am satisfied that the Owner has demonstrated use of the Mark in association with the registered services “human resources services, namely, personnel management consulting” and “mediation of disputes between two parties” within the meaning of sections 4 and 45 of the Act.

Tab H-26: Property Emails

[50] As Exhibit H-26, Mr. Ferguson attaches two emails dated within the relevant period, in which he offers Vermillion’s services in assisting with management of a real estate property in Calgary. The subject line for the first such email reads “Vermillion property management services” and the body of the email refers to Vermillion offering assistance in bylaw compliance. In addition, the recipient requests Mr. Ferguson’s assistance in giving an inspector access to a property. Accordingly, I am satisfied that the Owner used the Mark in association with the registered services “real estate management consultation” within the meaning of sections 4 and 45 of the Act.

[51] The Owner also refers to this tab in support of use of the Mark in association with “management of commercial property”. I note that the full registered service is “leasing, management, and rental of commercial property”; however, the Owner’s submissions do not refer to “leasing”, and none of the relevant evidence referred to by the Owner clearly relates to “leasing” or “rental” of commercial properties. Accordingly, I am only satisfied that the Owner has demonstrated use of the Mark in association with “management [...] of commercial property” within the meaning of sections 4 and 45 of the Act.

Tabs I-7, I-18, I-21, I-31, and I-40: Vermillion Websites

[52] As part of Tab I, Mr. Ferguson attaches screenshots from a number of Vermillion webpages. Although some of these predate the relevant period, as Tab I-7, Tab I-21, Tab I-31, and I-40, he attaches screenshots from the Vermillion Institute, Vermillion Canada, Vermillion Calgary, Vermillion Professional Network, and Innovators in Sustainability websites, respectively, as they appeared during the relevant period. The Mark appears on each page of these websites, and similar content appears on both websites. Further, as Exhibits I-10, I-19, I-26, I-32, and I-41, Mr. Ferguson attaches tables showing that IP addresses based in Canada accessed these webpages during the relevant period. While the Requesting Party submits that there is no evidence as to what these visitors were doing on the websites and that the time spent on each website, I am satisfied that the tables demonstrate that Canadians accessed the pages during the relevant period, given that only prima facie evidence is needed in section 45 proceedings.

[53] At pages 8-11 of Tab I-18, the website advertises various informational resources available for download, including a “Baby Steps to Giant Leaps” document, versions of which are also attached as Tabs B-5, B-6, F-3 and I-9. The Owner refers to this evidence in support of use in association with the registered services “business information services in the field of sustainable development, business change management, business process management, business strategic management and planning services and business technology”. As the materials refer to these fields and are listed as available for download, I am satisfied that the Owner used the Mark in association with these services within the meaning of sections 4 and 45 of the Act.

[54] At page 6 of Tab I-21 and page 9 of Tab I-40, the websites makes reference to an “Innovators in Sustainability” documentary series; further, page 31 of Tab I-21 refers to a podcast. I further note that television and digital media documentaries are also referenced as being available to be performed in an email at Tab D-44, as discussed above. Accordingly, I am satisfied that the Owner used the Mark in association with the following registered services within the meaning of sections 4 and 45 of the Act:

· “educational services, namely, providing online publications, information, and news via web sites, online computer databases, [...] streaming audio and video, and pod casts”,

· “information and entertainment services, namely, providing information and entertainment via web sites, online publications, online computer databases, [...] streaming audio and video, and pod casts all relating to current affairs and business affairs”, and

· “information and entertainment services, namely production of programming to be distributed via television, [...] streaming audio and video, and pod casts”.

[55] I note that the full registered services are “educational services, namely, providing online publications, information, and news via web sites, online computer databases, journals, articles, streaming audio and video, and pod casts”, “information and entertainment services, namely, providing information and entertainment via web sites, online publications, online computer databases, journals, articles, streaming audio and video, and pod casts all relating to current affairs and business affairs”, and “information and entertainment services, namely production of programming to be distributed via television, cable television, satellite television, radio, streaming audio and video, and pod casts”, respectively. However, as neither these nor other materials appear to refer to journals or articles, nor to cable or satellite television or radio, in the absence of further clarification by the Owner, I am not satisfied that the Owner used the Mark in association with these fields within the meaning of sections 4 and 45 of the Act, and the registrations will be amended accordingly.

[56] The first page of the Tab I-31 screenshots states that “Vermillion Professional Network is dedicated to promoting standards for education and practice in a range of consulting fields that support people, planet and prosperity.” The website refers to “skills training” offered by Vermillion, while the Tab I-21 materials promote third-party events. When considered in conjunction with the Tab F-4 Vermillion Strategic Presentation, which discusses services offered by Vermillion to members, and the Tab J invoices, which confirmed that Vermillion conducted workshops during the relevant period, I am satisfied that the Owner used the Mark in association with the registered services “association services, namely, representing the interests of member firms and promoting ethical practice, technical competency and professional standards” within the meaning of sections 4 and 45 of the Act.

[57] With respect to the registered services “association services, namely, promoting public awareness and participation regarding policy and legislative issues and leadership positions at community, local, [...] and national levels” and “association services, namely providing information to members and the public at large regarding issues relating to policies, legislation and leadership positions at community, local, [...] and national levels”, Mr. Ferguson specifically refers to provision of these services through the Vermillion Calgary website, dated during the relevant period, which appears to promote awareness and provide information in these fields (including at page 2). Accordingly, I am satisfied that the Owner has used the Mark in association with these services. I note that each registered service also includes the “state” level; however, there is no suggestion in evidence that Vermillion performed these association services with respect to the “state” level, and the Owner’s written representations do not suggest as such. In the absence of such evidence, I am not satisfied that the Owner demonstrated use of the Mark in association with these association services at the “state” level, and the registration will be amended accordingly.

[58] Pages 4 and 5 of Tab I-31 advertise market development services and management consulting services offered by Vermillion and refer to sustainability. I note that at Tab J, discussed below, the Owner attaches an invoice for a workshop in these areas held in Canada during the relevant period, indicating that Vermillion was offering and prepared to perform these advertised services as well. Accordingly, I am satisfied that the Owner used the Mark in association with the correlated registered services “business and management consulting relating to training services, strategic planning services and sustainability advisory services”, and “commercial and industrial management assistance”, within the meaning of sections 4 and 45 of the Act.

[59] The Owner also refers to Tab I-31 in support of use of the Mark in association with “providing information in the fields of sustainable development, business management, accounting and business marketing (except in the field of sales and marketing skills for mortgage and home equity loans)”; however, as neither these or other materials appear to refer providing information in the field of accounting, in the absence of further clarification by the Owner, I am not satisfied that the Owner used the Mark in association with that field. Accordingly, I am only satisfied that the Owner has demonstrated use of the Mark in association with “providing information in the fields of sustainable development, business management, [...] and business marketing (except in the field of sales and marketing skills for mortgage and home equity loans)” within the meaning of sections 4 and 45 of the Act.

[60] Mr. Ferguson states that members of the Vermillion network could make use of common office areas provided by Vermillion. These services are advertised on the Tab I-31 screenshots; specific services include preferred rates on office supplies and with insurance brokers, mail handling, secretarial and clerical services including telephone services and document management, message transcription, legal research, “some kinds of IT support”, and access to copying and videoconferencing equipment and to catering. Furthermore, Mr. Ferguson states that members could make use of a virtual telephone and teleconferencing system and an email hosting service provided by Vermillion. At paragraph 141 of his affidavit, he explains that these services were offered “in excess of 25 times” during the relevant period and available to be performed at Vermillion’s office space and through its telephone and video conferencing systems. Accordingly, I am satisfied that the Owner has demonstrated use of the Mark within the meaning of sections 4 and 45 of the Act in association with the following registered services (with exceptions as noted):

· “message and stenographic transcription for others”,

· “business centre services, namely, leasing and renting space within managed offices”,

· “business centre services, namely, leasing and renting business furniture, telephone and videoconferencing equipment, office equipment and machinery”,

· “business centre services, namely providing integrated telephone and computer data systems for others”,

· “business centre services, namely, providing services relating to the operation of offices such as secretarial and clerical, mail handling, kitchen and catering, paraprofessional, document reproduction, telephone answering, typing, word processing and document management services”,

· “business centre services, namely, providing facilities for business meetings”,

· “human resources services, namely, temporary staffing services”,

· “human resources services, namely, providing [...] technical support workers, and other professional and non-professional workers to others on an outsourcing basis”,

o While I note that this registered service also includes “call centre workers”, such workers are not referenced on the website or elsewhere in the Owner’s evidence or written representations. In the absence of such evidence, I am not satisfied that the Owner has demonstrated use of the Mark in association with providing “call centre workers” within the meaning of sections 4 and 45 of the Act, and the registration will be amended accordingly.

· “human resources services, namely, secretarial services”, and

· “arranging of insurance for others in relation to [...] professional liability” (given that the page offers group rates from insurance brokers for professionals).

o While I note that this registered service also includes “the rental of managed offices”, this field is not referenced on the website or elsewhere in the Owner’s evidence or written representations. In the absence of such evidence, I am not satisfied that the Owner has demonstrated use of the Mark in association with arranging of insurance in relation to “the rental of managed offices” within the meaning of sections 4 and 45 of the Act.

[61] With respect to “Telecommunication services, namely, telephone communication services, namely, local, long distance and mobile telephone communications services, audio and video teleconferencing services, electronic mail services, electronic transmission of images and data in the fields of business, law, technology, fair trade, sustainable development, civil society, and human rights via computer and a global computer network”, the Owner refers to the Vermillion websites along with the Vermillion Strategic Presentation materials attached as Tab F-4 p3 and to a Vermillion web document attached as Tab E-10. I note that the former document refers to “3-D visualizations of people, planet and prosperity”, the latter document refers to none of the aforementioned fields regarding “electronic transmission of images and data”, and neither document refers to telephone communication services. In the absence of further clarification from the Owner as to the nature of these services, based on the Vermillion website materials, I am only satisfied that the Owner has demonstrated use of the Mark in association with “Telecommunication services, namely, telephone communication services, namely, local, long distance and mobile telephone communications services, audio and video teleconferencing services, electronic mail services [...]” within the meaning of sections 4 and 45 of the Act.

[62] The Tab I-21 website at pages 28-51 includes information on upcoming and past events involving Vermillion and third parties. As this information could broadly be considered a “news release”, I am satisfied that this evidence demonstrates use of the Mark within the meaning of sections 4 and 45 of the Act in association with “publicity services, namely delivering the messages of others through news releases”. I am also satisfied that this evidence demonstrates use of the Mark within the meaning of sections 4 and 45 of the Act in association with “rental of advertising space”, when read in conjunction with the subscription agreement attached as Tab E-14, indicating that Vermillion advertises its sponsors and members on its website. I note in this respect that while the Requesting Party submits that because the sponsors and members are not directly charged for use of advertising space, the service is not “rental”; however, a service does not need to be performed for money in order for it to be within the scope of section 4(2) of the Act; it is sufficient that the public receives a benefit from the service [War Amputations of Canada/Amputés de Guerre du Canada v Faber-Castell Canada Inc (1992), 41 CPR (3d) 557 (TMOB)]. In this case, while there may not have been a direct charge or exchange of money, I am satisfied that the “rental of advertising space” was part of the larger sponsorship arrangements between the parties. Given that the events tended to be related to sustainability, I am also satisfied that the evidenced website demonstrates use of the Mark in association with the following registered service within the meaning of sections 4 and 45 of the Act:

Association services, namely, promoting the interests and policy agenda of various organizations, namely, promoting public interest in and awareness of the importance of sustainable development that takes care of people, planet and profit, and promoting public interest in and awareness of the importance of other public and social affairs.

Tab J: Invoices

[63] As Tab J-7, Mr. Ferguson attaches an invoice to an Alberta-based entity relating to workshops in the area of “public and business literacy about sustainable development”. He correlates this evidence and other materials with some of the services contained in the following registration:

Educational services, namely, conducting courses, seminars, workshops and classes, all in the field of best practices and techniques for businesses, organizations, people and societies in the areas of management, organizational performance, financial performance, sustainability performance, engineering, construction, architecture, accounting, financial reporting, sustainability reporting, information technology, computerized information processing, managed offices, outsourcing, procurement, auditing, economics, insurance, human resources, law, industry market research, consumer market research, marketing and sales (except in the field of sales and marketing skills for mortgage and home equity loans), media relations, communication and advertising, leisure, cultural activities, fair trade, current events, world events, politics, public policy, the legislative process, government, business, leadership, networking, environment, social affairs and public affairs, and arbitration and mediation, and distributing course materials in connection therewith, and all provided through classes, workshops, seminars and via a global computer network.

[64] In addition to the invoice, Mr. Ferguson refers to a number of documents, many of which are dated outside the relevant period. The materials connected to the relevant period include the Tab H-9 “PSX teaser” and a Tab E-3 subscription agreement, which do not refer to classes, seminars, workshops, or any of the aforementioned areas beyond sustainability and “related areas”; the Tab I-21 Vermillion Calgary website, which promotes several events during the relevant period promoting sustainability in general and “apply[ing] commercial strategies to advance social and environmental goals”, and also promotes Vermillion’s “skills training” relating to sustainability and “responsible operations”; and the Tab D-7 p2 emails advertising applied learning opportunities relating to “professional communications”. I note that Mr. Ferguson refers in his affidavit to materials relating to Vermillion’s events being available for download through Vermillion websites during the relevant period.

[65] Based on the above, and in view of the fact that the Owner’s written representations do not refer to certain areas at all, I am satisfied that the Owner has demonstrated use of the Mark in association with the services “Educational services, namely, conducting courses, seminars, workshops and classes, all in the field of best practices and techniques for businesses, organizations, people and societies in the areas of management, [...] sustainability performance, [...] sustainability reporting, [...] economics, [...] consumer market research, marketing and sales (except in the field of sales and marketing skills for mortgage and home equity loans), [...] communication and advertising, [...] politics, public policy, [...] business, leadership, [...] environment, social affairs and public affairs, [...] and distributing course materials in connection therewith, and all provided through classes, workshops, seminars” within the meaning of sections 4 and 45 of the Act. As I am not satisfied that the Owner used the Mark in association with the remaining areas within the meaning of sections 4 and 45 of the Act, the registration will be amended accordingly.

[66] As Tab J-8, Mr. Ferguson attaches a number of documents dated mainly during the relevant period, identified as “invoices” and listing a number of services performed by Vermillion in Canada. Similar materials have been attached as Exhibit 1f. Some of these invoices list amounts payable to Vermillion for these services; however, others merely confirm that services were performed and paid for at some point in the past, and inform the recipient that no further charges are owing. With respect to the latter category of documents, I agree with the Requesting Party that it is unclear whether the listed services were performed or available to be performed during the relevant period. However, where the invoices show outstanding balances, they also include language indicating that Vermillion is in the process of performing these services or will do so when payment is received. Accordingly, I am satisfied that any services listed on an invoice dated during the relevant period and showing an outstanding balance were performed, or advertised and available to be performed, during the relevant period. Such services listed on invoices include the following: “trademark, legal, research and management consulting services in respect of your company’s commercialization path”, “organiz[ing] a training workshop [...] on best practices for marketing and trademark use”, and “legal, paralegal, research and admin services” including drafting pleadings and filing a civil claim.

[67] Accordingly, I am satisfied that the Owner used the Mark in association with the following registered services within the meaning of sections 4 and 45 of the Act (with exceptions as noted):

· “business marketing consulting services (except in the field of sales and marketing skills for mortgage and home equity loans)”,

· “arranging and conducting networking opportunities and events on the subjects of business, law, technology, [...] sustainable development [...]” (when read in conjunction with Tabs D-44, E-11 and H1 above, relating to the “Innovators in Sustainability” project and to the Stakeholders’ Exchanges),

o I note that the complete registered service is “arranging and conducting networking opportunities and events on the subjects of business, law, technology, fair trade, sustainable development, civil society, and human rights”; however, as neither these or other materials appear to refer to arranging or conducting networking opportunities or events on the remaining subjects, in the absence of further clarification by the Owner, I am not satisfied that the Owner used the Mark in association with the subjects “fair trade”, “civil society, and human rights”.

· “educational services, namely, conducting courses, seminars, workshops and classes in the fields of business, law, [...] sustainable development [...]”, (when read in conjunction with Tab D-44 above, relating to the “Innovators in Sustainability” project),

o I note that the complete registered service is “educational services, namely, conducting courses, seminars, workshops and classes in the fields of business, law, technology, fair trade, sustainable development, civil society, and human rights”; however, as neither these or other materials appear to refer to conducting seminars, workshops or classes in the remaining fields, in the absence of further clarification by the Owner, I am not satisfied that the Owner used the Mark in association with the fields “technology, fair trade”, “civil society, and human rights”.

· “Arranging and conducting of conferences, luncheon and dinner events and joint advertisement and promotional events in the fields of business, law, [...] sustainable development [...]”, (when read in conjunction with Tab D-44 above, relating to the “Innovators in Sustainability” project)

o I note that the complete registered service is “Arranging and conducting of conferences, luncheon and dinner events and joint advertisement and promotional events in the fields of business, law, technology, fair trade, sustainable development, civil society, and human rights”; however, as neither these or other materials appear to refer to arranging or conducting events in the remaining fields, in the absence of further clarification by the Owner, I am not satisfied that the Owner used the Mark in association with those fields.

[68] I note that with respect to “legal services”, the Requesting Party submits that the Owner’s evidence is contradictory in that a document attached as Tab H-3 (an email dating from 2010) informs the recipient that “While Vermillion staff have extensive experience dealing with such matters [as the paralegal services identified in the email], none of us practice law”, and submits that the Owner’s evidence with respect to legal services should be treated with caution. However, the invoices establish that Vermillion assisted a client in Canada in preparing documents and filing a civil claim during the relevant period; I am satisfied, based on this evidence, that the Owner used the Mark in association with “legal services” within the meaning of sections 4 and 45 of the Act, bearing in mind that services may include incidental or ancillary services [Société Nationale des Chemins de Fer Français SNCF v Venice Simplon-Orient-Express (2000), 9 CPR (4th) 443 (FCTD)]. In any event, even if Vermillion staff were providing legal services without being licensed to practice law in the relevant jurisdiction, non-compliance with other legislation does not preclude a finding of use in a section 45 proceeding [see Lewis Thomson & Son Ltd v Rogers, Bereskin & Parr (1988), 21 CPR (3d) 483 (FCTD)].

Services for which use has not been demonstrated

[69] For each of the remaining registered services, I am not satisfied that the Owner has demonstrated that it used the Mark in the performance or advertisement of those services within the meaning of sections 4 and 45 of the Act, as discussed in further detail below. I note that throughout his affidavit, Mr. Ferguson refers to “use” of the Mark in association with certain goods and services, and indicates at paragraph 12(ix) of his affidavit that such “use” means use in Canada before, during, and after the relevant period in association with goods and services sold or offered for sale by the Owner or its licensees. I concur with the Requesting Party that any such generalized statements amount to bare assertions of use which, following Plough, are insufficient on their own to demonstrate that the Owner used the Mark within the meaning of sections 4 and 45 of the Act.

[70] In general, while the Owner refers to numerous pieces of evidence to show use of the Mark in association with many of the services listed below, much of these materials are either dated outside the relevant period or have no obvious connection with the service in question. Where relevant, I have discussed the Owner’s evidence in further detail below.

Services not directly referenced

[71] First, I note that there are a number of services that are not specifically referenced in Mr. Ferguson’s affidavit or written representations, including the following:

· “providing demographic information and demographic consultation”,

· “computerized data base management”,

· “documentation services concerning conducting business and marketing research surveys and public opinion polls, all these services by means of computer”,

· “procurement, namely, purchasing of travel services for others”,

· “business centre services, namely, providing off-site managed office space for others”,

· “business centre services, namely, preparation of payroll”,

· “business centre services, namely, administration of customer loyalty and incentive award programs for others”,

· “business centre services, namely, management and operation of business centers for others”,

· “providing human resources administration services for others”,

· “serving as a human resources department for others”,

· “human resources services, namely, employee leasing services”,

· “human resources services, namely, payroll services”,

· “human resources services, namely, providing business information on employment and careers”,

· “human resources services, namely, employee and job profiling”,

· “arranging newspaper and other subscriptions for third parties”,

· “providing monetary exchange services”,

· “mutual fund investment and brokerage services”,

· “mutual fund portfolio management services”,

· “securities portfolio management services”,

· “real estate brokerage services”,

· “mortgage and insurance brokerage services”,

· “press agency services”,

· “educational services, namely, providing a curriculum to schools that simulates sustainable development as it relates to business operations”, and

· “advertising acquisition”.

[72] As there is no evidence referring specifically to these services and clearly demonstrating use of the Mark in the performance or advertising of these particular services in Canada during the relevant period, I am not satisfied that the Owner used the Mark in association with any of the services in this subsection within the meaning of sections 4 and 45 of the Act.

Services related to Tab H-16 and Tab H-29: Computer and ICT Services

[73] With respect to “television broadcasting services”, “consulting in the areas of computer, computer systems and information technology”, “computer services, namely, computer programming services for others”, “computer services, namely, developing websites for others”, “computer services, namely, operating websites for others”, “application service provider services, namely providing a server platform and third-party software that allows others to make fractional use of system resources and software licenses”, and “application service provider services, namely providing integrated telephone and computer data systems for others”, Mr. Ferguson refers to a company that performs and advertises such services under license from the Owner. In support, he attaches the Tab H-16 email, discussed above, which provides pricing information for an unspecified IT service, along with an email dated outside the relevant period and, as Tab H-29, a photograph of an individual working with a set of wires, displaying the Mark on the sleeve of his shirt. Mr. Ferguson states that the latter picture was taken during the relevant period and “is representative of how this [information technology] company [uses the Mark] along with the advertising and / or performance” of these services. Given the wording of this statement, it is not clear which of these services were actually performed (as opposed to being advertised) within the relevant period; further, I cannot determine from the Tab H-29 photograph which, if any, of these services were being performed or advertised and able to be performed. As the Owner has not correlated any of these services with any other materials in evidence, I am not satisfied that the Owner has demonstrated use of the Mark in association with any of the aforementioned services in this subsection within the meaning of sections 4 and 45 of the Act.

Services related to Tab H-30: Levantas Website

[74] As Tab H-30 p2 and p3, Mr. Ferguson attaches a set of screenshots from the website of a Canadian third-party “affiliate” called “Levantas”, displaying the Mark on each page and advertising a range of services. In its written representations, the Owner correlates the following registered services with these screenshots only, or with these screenshots and other documents that have no obvious connection with the corresponding registered service and/or are outside the relevant period:

· “accounting services, namely, account and business auditing, sustainability auditing, tax preparation, bookkeeping and tax consulting”,

· “waste disposal procurement, namely, purchasing of waste disposal equipment and services for others”,

· “energy supply purchasing procurement for others”,

· “analysis services, namely, audit services in the fields of account auditing, auditing utility rates for others, business auditing, energy auditing, insurance premiums auditing”,

· “business management planning, networking and supervision”,

· “advertising agency services”,

· “advertising services, namely, creating corporate logos for others, creating corporate and brand identities for others”,

· “public relations services”,

· “Publicity services, namely, assisting others in developing public relations strategies”,

· “financial planning, consulting and management services”,

· “investment planning, consulting and management services”,

· “financial management”, and

· “engineering and engineering consulting in the fields of environmental remediation, transportation, water control and delivery, waste water purification and disposal, civil engineering, fire engineering, thermal engineering and hydrotechnical engineering”.

[75] These services appear to be advertised in the evidenced screenshots, and Mr. Ferguson attaches web reports suggesting that members of the Canadian public visited these websites. However, it is not sufficient that the Mark was used in advertising a service; an owner must demonstrate that it or a licensee performed the services, or was offering or prepared to perform such services. In this case, in contrast to the voluminous detail provided with respect to Vermillion, Mr. Ferguson offers very little information regarding Levantas, including which, if any, of the advertised services it performed or was prepared to perform during the relevant period. In this respect, Mr. Ferguson states at paragraph 214 of his affidavit that the Mark was “used in association with the services advertised in Tab H-30”. Further, at paragraph 229(x)(k), he states that Levantas “used the [Mark] under license from [the Owner] in the Relevant Period in association with the Registered Goods and Services evidenced in Tab H-30”, and specifies that the Mark was “used with at least [...] engineering in the fields of environmental remediation, waste water purification and disposal, civil engineering, thermal engineering [based] on instances in the Relevant Period where, as an officer of [Levantas], I was present to see the [Mark] used as such”. However, he provides no further detail with respect to these particular “instances”, including whether they occurred in Canada. In this respect, Mr. Ferguson’s statement that he made “a public-record maintenance filing at the USPTO in October of 2017” for Levantas suggests that Levantas may also have had operations in the United States.

[76] Whether the evidence demonstrates that a trademark was “used” is a legal determination to be made by the Registrar. It is well established that general statements that a trademark is, was, or has been used are insufficient in a section 45 proceeding; an owner must provide evidence demonstrating that its trademark was used within the meaning of the Act. In this case, Mr. Ferguson does not clearly state or provide evidence to demonstrate that Levantas performed, or was offering and prepared to perform, any of the advertised services in Canada during the relevant period. As noted above, while Mr. Ferguson makes a general statement at paragraph 12(ix) of his affidavit that any reference to “use” of the Mark in his affidavit means use before, during, or after the relevant period in Canada in association with services sold or available for sale, such a broad and generalized statement is of little value where it is not supported by evidence demonstrating the sale, performance, or availability of such services in Canada during the relevant period. Accordingly, in the absence of evidence establishing each element of the “use” claimed by Mr. Ferguson, I am not satisfied that the Owner has demonstrated use of the Mark in association with any of the aforementioned registered services in this subsection within the meaning of sections 4 or 45 of the Act.

Services related to Tab J-8: Confirmatory “Invoices”

[77] As noted above, certain of the invoices attached as Tab J-8 “confirm” work that had previously been ordered, paid for, and performed, and mention a delay in the performances of such services. In its written representations, the Owner correlates the following registered services with these “invoices” only, or along with other documents that have no obvious connection with the corresponding registered service and/or are outside the relevant period:

· “project management in the fields of specification”,

· “providing advice relating to insurance issues”,

· “financial research in the attainment of benefits, business interruption and loss determination”,

· “Construction management consultation”,

· “construction planning, and construction supervision”, and

· “architectural design services”.

[78] It is not clear whether such services were performed during the relevant period, and Mr. Ferguson offers few details regarding the circumstances in which the documents were issued. I note that the bottom of each document states that Vermillion “looks forward to working with” the recipient on “this and future” projects, matters, or purchases; however, I am not prepared to conclude, in the absence of further evidence, that these documents amount to advertising of services that were available to be performed in Canada during the relevant period.

[79] In addition, with respect to “lawyer referral services”, Mr. Ferguson refers to an invoice included in Tab J-8 but dated outside the relevant period, as well as other materials that are dated outside the relevant period and/or do not directly refer to this service.

[80] Accordingly, I am not satisfied that the Owner has demonstrated use within the meaning of sections 4 and 45 of the Act in association with any of the aforementioned services listed in this subsection.

Association services

[81] With respect to the registered services “association services, namely, administration of charitable and philanthropic foundations, organizations, projects and activities”, Mr. Ferguson refers to a number of materials attached to his affidavit; of these, the only reference to administration of charitable or philanthropic projects or activities appears in a set of emails dated prior to the relevant period attached as Tab D-7 p1. He states that these emails are representative of emails that went out to at least nine educational institutions during the relevant period, but copies of such emails were damaged in a flood at Vermillion’s office. However, as Tab D-7 p1 contains four separate emails attaching different materials, and only one such email makes any reference to administration of philanthropic activities, it is not clear that Vermillion advertised such services during the relevant period. In the absence of further evidence or a clear explanation as to how the Owner’s services amounted to “administration of charitable and philanthropic projects and activities”, I am not satisfied that the Owner has demonstrated use of the Mark in association with these philanthropic-related “association services” within the meaning of sections 4 and 45 of the Act.

[82] With respect to the registered services “association services, namely, organizing and conducting awards programs”, Mr. Ferguson attaches the following:

· As Tab I-12, a “Vermillion Awards Website” screenshot, which is a single page including login fields and several paragraphs of text inviting “constructive criticism” from members to “ensure that the quality of this website and its concepts will support the launch and promotion of a world-class initiative” to recognize leaders in sustainability. The text also reads “Until the site is ready for viewing by the general public, please enter your passcode.” As such, the site appears to be under construction and does not demonstrate that the Owner was advertising, offering, or prepared to perform any such services during the relevant period. Although the Owner also refers to other website screenshots in evidence, none of these refer to awards program services.

· A visualization (Tab F-4 p6) showing information related to awards services, and other materials referring to “Vermillion Awards” (e.g., Tab F-4 p11); none of these materials confirm that the Owner was offering or prepared to perform these awards services during the relevant period. Mr. Ferguson states that when presenting the Tab F-4 p6 materials, the presenter remarks “that data comes in on the benchmarking and awards side of the services, which leads to visualizations of the data in global, national, and local stakeholders’ exchanges, which in turn, leads to process improvement guidance to industry and feedback from industry”, but that “such continual process improvement will not exist until a backbone group goes out on a limb to build it”. It is not clear what is meant by this statement but it appears to suggest that the services were not yet available.

· A “Research Brochure and Subscription Agreement” as Tab E-14. On one page, this brochure states “We provide all this research, education, and business recognition, including awards, free of charge to deserving companies and the public”, but then goes on to say “Your contribution is critical to launching these groundbreaking sustainability programs.” Accordingly, this document does not indicate that the Owner was offering or prepared to perform its awards services during the relevant period.

· A slide show from a presentation in 2010 which includes slides referring to “The Vermillion Awards”. Again, notwithstanding that these slides may have been “distributed to people in Canada” during the relevant period, nothing about this exhibit or Mr. Ferguson’s discussion of them indicates that the Owner was offering or prepared to perform awards services during the relevant period.

· The “Baby Steps to Giant Leaps” document (Tab F-3), which refers to the “Vermillion Awards” in the future tense.

[83] While some of these documents refer generally to “recognition services”, Mr. Ferguson also describes its “Innovators in Sustainability” events as recognition services (para 86), and it is not clear how such events could be considered “awards” services. I note that rather than furnish a single piece of evidence confirming that Vermillion actually awarded a “Vermillion Award” during the relevant period, the Owner instead chose to direct the Registrar’s attention to over twenty different exhibits and accompanying paragraphs of Mr. Ferguson’s affidavit, some referring to Vermillion’s awards services in the future tense, and others having no clear connection to such services. Having considered all of the evidence, it appears that, at best, Vermillion had taken some steps to launch its “Vermillion Awards” service to recognize sustainability leaders, but there is no clear evidence to indicate that Vermillion was actually offering or prepared to perform this service during the relevant period. Accordingly, I am not satisfied that the Owner has demonstrated use of the Mark in association with these awards programs-related “association services” within the meaning of sections 4 and 45 of the Act.

[84] With respect to the registered services “association services, namely, administering international fellowship grant programs”, the Owner refers to a number of emails attached in Tab D-7 and states that some of these were sent to “grant-giving organizations”; however, while these emails refer generally to the importance of grants for the activities of Vermillion and others, they do not indicate that Vermillion itself administered international fellowship grant programs. I note that at paragraph 147 of his affidavit, Mr. Ferguson refers to display of the Mark in conjunction with “branded support” to a member involving “Vermillion’s willingness to (a) handle sponsorships for [a member’s] Canadian outreach, and (b) administer and / or deliver funding relating to international fellowships to come to Canada as part of [the member]’s curriculum-development project”. However, the only evidence offered in support of this statement are screenshots from the member’s website, including Tabs I-44 p1 (a screenshot providing general information about the “Innovators in Sustainability” program), p2 (a “recap” of a 2017 event that took place in the United States), and p3 (biographical information about Mr. Ferguson which does not display the Mark). As none of these materials mention fellowships or grants, they do not amount to use of the Mark in advertising of this service; accordingly, Vermillion’s “willingness” to perform these services does not, on its own, establish use within the meaning of sections 4 and 45 of the Act. I further note that while not correlated with this service in the Owner’s written representations, the Vermillion Professional Network website screenshots attached as Tab I-31 indicates that Vermillion provides venture-style funding [at p 21]; however, in the absence of any indication from the Owner as to how its provision of funding amounts to “administering international fellowship grant programs”, I am not satisfied that the Owner has demonstrated use of the Mark in association with these grant programs-related “association services” within the meaning of sections 4 and 45 of the Act.

Human resources services

[85] With respect to “human resources services, namely, search, recruitment and placement services”, the Owner refers to paras 151 and 155 of Mr. Ferguson’s affidavit, in which he discusses Vermillion’s activities in this regard in 2008; the Owner also references a number of materials dated in that time frame. Further, the Owner refers to materials relating to Vermillion’s Professional Stakeholders’ Exchange; however, the relevance of these documents is not clear from the Owner’s evidence or submissions since they do not appear to refer to such services. The remaining documents have no obvious connection to the aforementioned services, and no further clarification is provided by the Owner.

[86] With respect to “human resources services, namely, career management services”, the Owner refers to paras 229 and 230 of Mr. Ferguson’s affidavit; however, these paragraphs refer to professional education and professional guidance, and to Vermillion learning of job vacancies (as discussed in greater detail in the next section), but do not refer specifically to career management services.

[87] With respect to “human resources services, namely, career counselling services”, Mr. Ferguson states that Vermillion “has been asked multiple times each year to assist [...] recent graduates as well as more mature job seekers in connecting with the VPs of sustainability or CSR in various Canadian companies for consulting opportunities or job placements”, and that “such requests almost always come with requests for career counselling services in the nature of helping them understand what certain employers are looking for”. He further states that the Mark was displayed in the course of these services “at least because, when we sit with those people, we turn up [one of Vermillion’s websites]”. However, Mr. Ferguson does not clearly state or provide evidence that any such meetings actually took place during the relevant period (only that Vermillion has been asked multiple times each year); in the absence of clear evidence, the Owner has not demonstrated that it used the Mark in the course of performance or advertising these career counselling services in Canada during the relevant period.

[88] Accordingly, I am not satisfied that the Owner has demonstrated use of the Mark in association with the services discussed in this subsection within the meaning of sections 4 and 45 of the Act.

Online Recruiting and Recruitment services

[89] With respect to “online recruiting services, namely, providing searchable job postings and resume postings”, the Owner refers to Tabs E-10 and H-1, which do not reference this service, and to paragraph 229(x)(b) of Mr. Ferguson’s affidavit, in which he states that Vermillion “routinely learns of many such cases where various participants have lost staff (or about to need more staff)” and that Vermillion “routinely finds hooks to advertise branded job posting and searching services through its newsletters and otherwise; so, I can confirm that the [Mark] was used with job posting and searching services in excess of 10 times in the Relevant Period” [emphasis added]. However, no such materials are included in evidence. Accordingly, the Owner has not demonstrated how the Mark was displayed in advertising or performing this service in Vermillion’s newsletters or “otherwise”.

[90] With respect to “advertising services, namely, personnel recruitment advertising and response management services”, the Owner refers to the Tab E-14 brochure, which refers only to advertising of Vermillion’s sponsors, to a Tab E-2 brochure, which includes a reference to “Supporting recruitment programs” but does not refer to advertising services at all, and to an invoice attached as J-7 which states only that Vermillion will “Engage with young people and adults (some of them business owners and managers you want to engage with)”.

[91] In the absence of further clarification, I am not satisfied that the Owner has demonstrated use of the Mark in association with the services listed in this subsection within the meaning of sections 4 and 45 of the Act.

Mediation services

[92] With respect to “Mediation services in conclusion of commercial transactions for others” and “mediation of agreements regarding the sale and purchase of goods and services”, the Owner refers to the Tab J-8 confirmatory “invoices” discussed above, and to a set of emails attached as Tab H-7 that are dated outside the relevant period. Further, at paragraphs 232 to 233 of his affidavit, Mr. Ferguson states that “Vermillion maintains its mediator services to channel and amplify the worthwhile activity” of members and affiliates, and refers to such services “in conclusion of various commercial transactions that result in the provision of educational events”. None of these materials demonstrate that Vermillion displayed the Mark in the performance or advertising of these services during the relevant period. Accordingly, I am not satisfied that the Owner has demonstrated use of the Mark in association with the services in this subsection within the meaning of sections 4 and 45 of the Act.

Remaining services

[93] With respect to “association services, namely, making phone calls, proposing policies and legislation, and encouraging members and the public at large to take action through lobbying and other means to help shape public policy, legislation and leadership positions”, and “political action committee services, namely, promoting the interests of political candidates running for elected office”, Mr. Ferguson states at paragraph 108(ix)(e) of his affidavit that in the course of the Vermillion Strategic Presentation, Vermillion “remarked on its ability” to distribute informational newsletters and press releases and make phone calls to its subscribers, including on behalf of political candidates. Mr. Ferguson’s statement that Vermillion “remarked on” these services is vague and does not clearly establish that Vermillion was offering or prepared to perform these services during the relevant period. The Owner also correlates these services with page 28 of the Tab I-21 Vermillion Calgary website, which merely lists upcoming events with no obvious connection to the registered services, and with materials dated outside the relevant period. I note that one of these tabs is an email to a New York-based recipient dated in 2011 (Tab B-3) which includes proposals relating to government policy with respect to NGOs; however, Mr. Ferguson’s vague statement that this document was “provided in Canada” during the relevant period does not provide sufficient detail to demonstrate that the Owner was performing or advertising any of these services in Canada during the relevant period. Accordingly, I am not satisfied that the Owner used the Mark in association with either of the two aforementioned services within the meaning of sections 4 and 45 of the Act.

[94] With respect to “business process management and consulting”, Mr. Ferguson refers in his affidavit to comments made about “process improvement” in the course of its strategic presentation; however, Mr. Ferguson also notes at paragraph 108(vi) that “such continual process improvement will not exist until a backbone group like Vermillion goes out on a limb and builds it”. This indicates that Vermillion was not offering or prepared to perform this service during the relevant period. Accordingly, I am not satisfied that the Owner used the Mark in association with this service within the meaning of sections 4 and 45 of the Act.

[95] With respect to “data processing in the field of advertising, marketing and communication”, the Owner refers to the Tab F-4 “Vermillion Strategic Presentation” and Tab F-2 “Vermillion Analytics Slides”; however, although some of these slides reference “communication” in general, the Owner has not explained how these materials amount to “data processing” in these particular fields; instead, at best, the “Vermillion Analytics slides” appear to collect data related to business practices and sustainability. Accordingly, I am not satisfied that the Owner has demonstrated use of the Mark in association with this “data processing” service within the meaning of sections 4 and 45 of the Act.

[96] With respect to “procurement services, namely, purchasing office furniture, telephone equipment, oilfield tools, oilfield equipment, call center equipment, and security and monitoring equipment for others”, the Owner refers to the Tab H-22 “Procurement Collection” of emails. However, only one such email is dated within the relevant period, and that email appears to provide advice regarding operation of a new fax system, but not performance or advertisement of any procurement services. Accordingly, I am not satisfied that the Owner used the Mark in association with this service within the meaning of sections 4 and 45 of the Act.

[97] With respect to “directory agency”, no explanation is provided as to what this service is or entails. While Mr. Ferguson refers to a “directory” at paragraph 108(ix)(f) and to Vermillion’s “directory of leading companies” at paragraph 116(i) of his affidavit, in the absence of further detail, I am not satisfied that the Owner has demonstrated use of the Mark in association with this service within the meaning of sections 4 and 45 of the Act.

[98] With respect to “providing grants for research and international fellowship programs” and “financial sponsorship of programs for the distribution of educational materials, namely, books, textbooks and software”, Mr. Ferguson refers to the Tab D-7 p1 emails, all of which are dated outside the relevant period, and to the Tab H-9 “PSX teaser” document. As there is no reference to these specific registered services in the documents, I am not satisfied that the Owner has demonstrated use of the Mark in association with these services within the meaning of sections 4 and 45 of the Act.

[99] With respect to “financing of venture capital, namely, venture capital funding services to emerging and start-up companies”, the Tab I-31 website states at page 21 that “From time to time, Vermillion provides modest venture-style investments of funding and expertise to help promising social enterprises and tech companies grow.” Mr. Ferguson states at paragraph 141 that such funding services “have been available” from Vermillion. In the absence of clear evidence that Vermillion was offering and prepared to perform this service during the relevant period, I am not satisfied that the Owner has demonstrated use of the Mark in association with this service within the meaning of sections 4 and 45 of the Act.

[100] With respect to “arranging and conducting debates and speeches relating to current affairs and business affairs”, Mr. Ferguson refers to a number of events, invoices and emails dated outside the relevant period, some of which refer to Vermillion’s roundtable events. I note that none of these documents refer specifically to debates or speeches, or to current or business affairs. Mr. Ferguson also refers to the community events section of the Vermillion Calgary webpage; however, no reference is made to whether these events involve debates or speeches, nor is there any indication that they were arranged or conducted by Vermillion. Accordingly, I am not satisfied that the Owner has demonstrated use of the Mark in association with these services within the meaning of sections 4 and 45 of the Act.

[101] With respect to “mediation in the placement of advertisements”, Mr. Ferguson refers to Vermillion presentation materials attached as Tabs F-3. However, Mr. Ferguson does not explain how these materials demonstrate performance or advertisement of this particular service; I note that the Vermillion presentation materials do not refer to mediation or to advertising. Accordingly, I am not satisfied that the Owner has demonstrated use of the Mark in association with this service within the meaning of sections 4 and 45 of the Act.

[102] Finally, with respect to “administrative handling of financial sponsorship”, Mr. Ferguson refers to the Vermillion Strategic Presentation; however, none of the slides in this presentation refer to this service and Mr. Ferguson has not explained how this service would have been advertised in the course of the presentation. Accordingly, I am not satisfied that the Owner used the Mark in association with this service within the meaning of sections 4 and 45 of the Act.

Special Circumstances

[103] In his affidavit, Mr. Ferguson states that in the event that the Owner’s evidence is insufficient to demonstrate use in association with each of the goods and services, such non-use is excusable due to special circumstances beyond the control of the Owner. In particular, Mr. Ferguson states that Vermillion experienced business disruptions due to ongoing trademark litigation with other entities, as well as due to unspecified health difficulties experienced by Mr. Ferguson.

[104] To determine whether special circumstances have been demonstrated, the Registrar must first determine, in light of the evidence, why in fact the trademark was not used during the relevant period. Second, the Registrar must determine whether these reasons for non-use constitute special circumstances [per Registrar of Trade Marks v Harris Knitting Mills Ltd (1985), 4 CPR (3d) 488 (FCA) [Harris Knitting]]. The Federal Court has held that special circumstances mean circumstances or reasons that are “unusual, uncommon, or exceptional” [John Labatt Ltd v Cotton Club Bottling Co (1976), 25 CPR (2d) 115 (FCTD) at para 29].

[105] If the Registrar determines that the reasons for non-use constitute special circumstances, the Registrar must still decide whether such special circumstances excuse the period of non-use. This involves the consideration of three criteria: (i) the length of time during which the trademark has not been in use; (ii) whether the reasons for non-use were beyond the control of the registered owner; and (iii) whether there exists a serious intention to shortly resume use [see Harris Knitting].

[106] All three criteria are relevant, but satisfying the second criterion is essential for a finding of special circumstances excusing non-use [Smart & Biggar v Scott Paper Ltd, 2008 FCA 129].

[107] In its written representations, the Owner submits that due to its status as a not-for-profit organization pursuing “a much needed and very uncommon approach to triggering progress on the sustainable development file” and the fact that it “has been under attack” by third-party entities, the Owner’s circumstances are unusual, uncommon or exceptional, asking the Registrar to take notice of the facts that “compared with the number of CIPO applications and registrations which are owned and used by profit seeking companies, those that are owned and used by not-for-profit organizations are unusual and uncommon to begin with,” and that “it is unusual and uncommon for any not-for-profit organization to be encroached upon on multiple fronts at the same time.” In other words, essentially, the Owner appears to be submitting that a not-for-profit organization should be held to a lower standard for excusing non-use than other entities when it is involved in trademark disputes with such entities. The Owner submits no authorities in support of this contention, and I am not prepared to come to such a far-reaching conclusion.

[108] With respect to the disruptions ostensibly caused by trademark litigation with other entities, the Federal Court has held that a trademark dispute is not necessarily an exceptional occurrence in business [see Jose Cuervo SA de CV v Bacardi & Co, 2009 FC 1166, aff'd 2010 FCA 248; Karoun Dairies Inc v Karoun Dairies SAL, 2013 TMOB 228]. Mr. Ferguson states that the behaviour of the third parties Vermilion Energy Inc. [VEI] and Cenovus Energy Inc. [CEI] was unusual, uncommon, or exceptional in that the parties abused the processes of the Trademarks Opposition Board and the United States Patent and Trademark Office, and further states that he suspects that these entities have colluded to maximize disruption to Vermillion and its funding sources. However, even if I were to accept that these entities sought to disrupt Vermillion’s use of its trademarks through an aggressive litigation strategy, such occurrences are not unusual, uncommon, or exceptional. In this respect, I note that a determination of whether these parties’ actions amount to an abuse of process is well beyond the scope of these proceedings [see, e.g., Sim & McBurney v HA Kidd and Company Limited/HA Kidd et Compagnie Limitée, 2020 TMOB 119 at para 11].

[109] Further, although Mr. Ferguson states that “my workflow – and my ability to track the use of each and every registered good and service – has been significantly impacted” by the ongoing litigation, there is no indication that his choice to respond to the litigation personally, as opposed to retaining a qualified trademark agent, for example, was anything but a business decision within the control of the Owner.

[110] Finally, although Mr. Ferguson states that the Owner “has experienced additional disruptions due to health consequences I have experienced because of all the added work and stress involved in these litigations”, no further details are provided as to the nature of these health consequences or how they would have prevented the Owner from using the Mark in association with any of the goods and services for which it has not provided evidence of use. In this respect, I note that at paragraph 276 of his affidavit, Mr. Ferguson states that he is a part of the Owner’s management team; however, no evidence is provided as to why one member of a management team having health issues should be considered an unusual, uncommon or exceptional circumstance, or why it prevented the Owner as a whole from using the Mark in association with particular goods or services.

[111] In any event, as noted above, Vermillion was using the Mark in association with many of the registered goods and services despite any such disruption to its activities, and it is not clear why such disruption prevented Vermillion from using the Mark in association with any of the specific goods or services for which I have not found use. In this respect, to the extent that Vermillion may have made choices to focus on or prioritize certain services over others in light of such pressures, such choices are better characterized as voluntary business decisions of the Owner, rather than special circumstances excusing non-use.

[112] In view of all the foregoing, I am not satisfied that the Owner has demonstrated special circumstances excusing non-use in association with any of the registered goods or services for which use has not been demonstrated. The registration will be amended accordingly.

Disposition

[113] In view of all of the above, pursuant to the authority delegated to me under section 63(3) of the Act, the registration will be amended to delete the registered goods and services indicated by “strikethrough” in Schedule A.

[114] The amended list of goods and services will be as follows:

GOODS

Novelty items, namely, mugs; Printed materials, namely, reports, all in the field of best practices and techniques for businesses, organizations, people and societies in the areas of sustainability performance; canvas shopping bags; stationery supplies, namely, pens, notepads, decals; paper napkins; Clothing, namely, T-shirts and hats.

SERVICES

Association services, namely, promoting the interests and policy agenda of various organizations, namely, promoting public interest in and awareness of the importance of sustainable development that takes care of people, planet and profit, and promoting public interest in and awareness of the importance of other public and social affairs; arranging and conducting marketing programs with or on behalf of third parties to promote fundraising for and education about and support for sustainable development and other public affairs, namely, by the dissemination of printed materials and of other advertising materials; promoting public interest in and awareness of the need for financial support to non-governmental organizations and their programs; promoting public interest in and awareness of global issues and international cooperation; association services, namely, organizing and conducting luncheon and dinner events recognizing the achievements of private and public companies and governmental and non-governmental organizations for the purpose of fostering progress in sustainable development and in other public affairs; association services, namely, administering educational and professional exchange programs, and research programs in the fields of business, technology, sustainable development; association services, namely, representing the interests of member firms and promoting ethical practice, technical competency and professional standards; association services, namely, promoting public awareness and participation regarding policy and legislative issues and leadership positions at community, local, and national levels; association services, namely, distributing newsletters through e-mail transmissions; association services, namely providing information to members and the public at large regarding issues relating to policies, legislation and leadership positions at community, local, and national levels; business and management consulting relating to training services, strategic planning services and sustainability advisory services; business marketing consulting services (except in the field of sales and marketing skills for mortgage and home equity loans); market research services, namely, conducting business, market research, and opinion poll surveys in the field of economics, public, and commercial affairs; opinion polling for business, non-business, political, advertising and non-advertising purposes; production and interpretation of information collected on public and consumer opinions and behavior within the scope of research, marketing, advertising studies, and satisfaction studies; and disseminating information relating to production and interpretation of information collected on public and consumer opinions and behavior within the scope of research, marketing, advertising studies, and satisfaction studies; conducting profit surveys; collection of data to a central file in the fields of politics, economics, and commercial affairs, and analysis of this data once collected; providing statistical information; message and stenographic transcription for others; economic forecasting and analysis; cooperative advertising and marketing services, namely, pooling the advertising or marketing resources of others to enable results that individual participants could not produce at similar rates; providing information in the fields of sustainable development, business management, and business marketing (except in the field of sales and marketing skills for mortgage and home equity loans); business information services in the field of sustainable development, business change management, business process management, business strategic management and planning services and business technology; commercial and industrial management assistance; business centre services, namely, leasing and renting space within managed offices; business centre services, namely, leasing and renting business furniture, telephone and videoconferencing equipment, office equipment and machinery; business centre services, namely providing integrated telephone and computer data systems for others; business centre services, namely, providing services relating to the operation of offices such as secretarial and clerical, mail handling, kitchen and catering, paraprofessional, document reproduction, telephone answering, typing, word processing and document management services; business centre services, namely, providing facilities for business meetings; human resources services, namely, temporary staffing services; human resources services, namely, providing technical support workers, and other professional and non-professional workers to others on an outsourcing basis; human resources services, namely, secretarial services; human resources services, namely, employee and student communications and employer branding; human resources services, namely, personnel management consulting; preparation of advertising for others in the electronic and print media; advertising services, namely, providing coupons and discounts for goods and services offered by others; rental of advertising space; publicity services, namely delivering the messages of others through news releases; providing a computerized online business-to-business portal providing access to information, resources, business forms and non-downloadable software tools for use by businesses, governments, and non-governmental organizations; arranging and conducting networking opportunities and events on the subjects of business, law, technology, sustainable development; and arranging and conducting trade shows and conferences in the field of sustainable development, business, business management, and other public affairs; Charitable, not-for-profit fund-raising services for others; providing grants, financial support and direct technical assistance to non-governmental organizations and their recipients in the field of sustainable development; providing news, information, and consultation in the field of financial support to non-governmental organizations; providing news, information, and consultation pertaining to financial and investment matters as they relate to the field of sustainable development, economics and economic development; financial research; arranging of insurance for others in relation to professional liability; providing financial information, financial analysis and consultation; real estate management consultation; management of commercial property; and providing information in the fields in the electronic and print media; Telecommunication services, namely, telephone communication services, namely, local, long distance and mobile telephone communications services, audio and video teleconferencing services, electronic mail services; Educational services, namely, conducting courses, seminars, workshops and classes, all in the field of best practices and techniques for businesses, organizations, people and societies in the areas of management, sustainability performance, sustainability reporting, economics, consumer market research, marketing and sales (except in the field of sales and marketing skills for mortgage and home equity loans), communication and advertising, politics, public policy, business, leadership, environment, social affairs and public affairs, and distributing course materials in connection therewith, and all provided through classes, workshops, seminars; educational services, namely, sponsoring and conducting educational, and professional exchange programs, policy conferences, and research programs; educational services, namely, providing online publications, information, and news via web sites, online computer databases, streaming audio and video, and pod casts; educational services, namely, disseminating the educational materials of others; educational services, namely, conducting courses, seminars, workshops and classes in the fields of business, law, sustainable development; educational services, namely, providing a curriculum to schools that provides students with simulations and real-world experiences; information and entertainment services, namely, providing information and entertainment via web sites, online publications, online computer databases, streaming audio and video, and pod casts all relating to current affairs and business affairs; mediation of disputes between two parties; computer services, namely, providing a computer communications database for the exchange of information and news about best practices and lessons learned between businesses, governments, non-governmental organizations and people in the areas of management, organizational performance, financial performance, sustainability performance, engineering, construction, architecture, sustainability reporting, information technology, procurement, economics, industry market research, marketing and sales, business, environment; computer services, namely, providing on-line connectivity to databases to enable real-time interaction between computer users about best practices and lessons; providing information in the fields of information technology; news agency services, namely, gathering and dissemination of news; Arranging and conducting of conferences, luncheon and dinner events and joint advertisement and promotional events in the fields of business, law, sustainable development; Arranging of promotional operations and activities that allow people to sample the goods and services of others; recruiting sponsors; information and entertainment services, namely production of programming to be distributed via television, streaming audio and video, and pod casts; scientific research and consultation, namely, providing industrial analysis and research related to technology change and sustainable development; scientific research and consultation, namely, providing social analysis and research related to public affairs; legal services; reviewing standards and practices to assure compliance with environmental, building code and zoning laws and regulation.

 

G.M. Melchin

Hearing Officer

Trademarks Opposition Board

Canadian Intellectual Property Office

Schedule A

GOODS

Novelty items, namely, mugs; Printed materials, namely, pamphlets, reports, and printed guides, all in the field of best practices and techniques for businesses, organizations, people and societies in the areas of management, financial performance, sustainability performance, sustainability reporting, economics, marketing and sales (except in the field of sales and marketing skills for mortgage and home equity loans), media relations, communication and advertising, cultural activities, fair trade, public policy, leadership, environment, social affairs and public affairs; canvas shopping bags; stationery supplies, namely, pens, notepads, postcards,bumper stickers, decals; paper napkins; Clothing, namely, T-shirts and hats.

SERVICES

Association services, namely, promoting the interests and policy agenda of various organizations, namely, promoting public interest in and awareness of the importance of sustainable development that takes care of people, planet and profit, and promoting public interest in and awareness of the importance of other public and social affairs; arranging and conducting marketing programs with or on behalf of third parties to promote fundraising for and education about and support for sustainable development and other public affairs, namely, by the dissemination of printed materials and of other advertising materials; promoting public interest in and awareness of the need for financial support to non-governmental organizations and their programs; promoting public interest in and awareness of global issues and international cooperation; association services, namely, administration of charitable and philanthropic foundations, organizations, projects and activities; association services, namely, organizing and conducting awards programs; association services, namely, organizing and conducting luncheon and dinner events recognizing the achievements of private and public companies and governmental and non-governmental organizations for the purpose of fostering progress in sustainable development and in other public affairs; association services, namely, administering educational, cultural, international student, and professional exchange programs, and research programs in the fields of business, law, technology, politics, international relations, fair trade, sustainable development, civil society, and human rights; association services, namely, representing the interests of member firms and promoting ethical practice, technical competency and professional standards; association services, namely, administering international fellowship grant programs; association services, namely, promoting public awareness and participation regarding policy and legislative issues and leadership positions at community, local, state and national levels; association services, namely, distributing newsletters through mail, e-mail and facsimilie transmissions; association services, namely, making phone calls, proposing policies and legislation, and encouraging members and the public at large to take action through lobbying and other means to help shape public policy, legislation and leadership positions; association services, namely providing information to members and the public at large regarding issues relating to policies, legislation and leadership positions at community, local, state and national levels; political action committee services, namely, promoting the interests of political candidates running for elected office; accounting services, namely, account and business auditing, sustainability auditing, tax preparation, bookkeeping and tax consulting; business and management consulting relating to training services, strategic planning services and sustainability advisory services; business process management and consulting; business marketing consulting services (except in the field of sales and marketing skills for mortgage and home equity loans); market research services, namely, conducting business, market research, and opinion poll surveys in the field of politics, economics, public, international, and social affairs, leisure, cultural activities and commercial affairs; opinion polling for business, non-business, political, advertising and non-advertising purposes; production and interpretation of information collected on public and consumer opinions and behavior within the scope of research, marketing, advertising studies, and satisfaction studies; and disseminating information relating to production and interpretation of information collected on public and consumer opinions and behavior within the scope of research, marketing, advertising studies, and satisfaction studies; conducting profit surveys; collection of data to a central file in the fields of politics, economics, social affairs, leisure, cultural activities and commercial affairs, and analysis of this data once collected; providing statistical information; providing demographic information and demographic consultation; message and stenographic transcription for others; data processing in the field of advertising, marketing and communication; computerized data base management; documentation services concerning conducting business and marketing research surveys and public opinion polls, all these services by means of computer; economic forecasting and analysis; cooperative advertising and marketing services, namely, pooling the advertising or marketing resources of others to enable results that individual participants could not produce at similar rates; procurement services, namely, purchasing office furniture, telephone equipment, oilfield tools, oilfield equipment, call center equipment, and security and monitoring equipment for others; waste disposal procurement, namely, purchasing of waste disposal equipment and services for others; procurement, namely, purchasing of travel services for others; energy supply purchasing procurement for others; providing information in the fields of sustainable development, business management, accounting and business marketing (except in the field of sales and marketing skills for mortgage and home equity loans); project management in the fields of specification; analysis services, namely, audit services in the fields of account auditing, auditing utility rates for others, business auditing, energy auditing, insurance premiums auditing; business information services in the field of sustainable development, business change management, business process management, business strategic management and planning services and business technology; business management planning, networking and supervision; commercial and industrial management assistance; business centre services, namely, leasing and renting space within managed offices; business centre services, namely, providing off-site managed office space for others; business centre services, namely, leasing and renting business furniture, telephone and videoconferencing equipment, office equipment and machinery; business centre services, namely providing integrated telephone and computer data systems for others; business centre services, namely, providing services relating to the operation of offices such as secretarial and clerical, mail handling, kitchen and catering, paraprofessional, document reproduction, telephone answering, typing, word processing and document management services; business centre services, namely, providing facilities for business meetings; business centre services, namely, preparation of payroll; business centre services, namely, administration of customer loyalty and incentive award programs for others; business centre services, namely, management and operation of business centers for others; providing human resources administration services for others; serving as a human resources department for others; human resources services, namely, search, recruitment and placement services; human resources services, namely, temporary staffing services; human resources services, namely, employee leasing services; human resources services, namely, providing call centre workers, technical support workers, and other professional and non-professional workers to others on an outsourcing basis; human resources services, namely, secretarial services; human resources services, namely, payroll services; human resources services, namely, providing business information on employment and careers; human resources services, namely, career management services; human resources services, namely, employee and job profiling; human resources services, namely, employee and student communications and employer branding; human resources services, namely, career counselling services; human resources services, namely, personnel management consulting; online recruiting services, namely, providing searchable job postings and resume postings; advertising services, namely, personnel recruitment advertising and response management services; advertising agency services; preparation of advertising for others in the electronic and print media; advertising services, namely, providing coupons and discounts for goods and services offered by others; advertising services, namely, creating corporate logos for others, creating corporate and brand identities for others; rental of advertising space; arranging newspaper and other subscriptions for third parties; directory agency; public relations services; publicity services, namely delivering the messages of others through news releases; Publicity services, namely, assisting others in developing public relations strategies; providing a computerized online business-to-business portal providing access to information, resources, business forms and non-downloadable software tools for use by businesses, governments, and non-governmental organizations; arranging and conducting networking opportunities and events on the subjects of business, law, technology, fair trade, sustainable development, civil society, and human rights; and arranging and conducting trade shows and conferences in the field of sustainable development, business, business management, and other public affairs; Charitable, not-for-profit and political fund-raising services for others; providing grants, financial support and direct technical assistance to non-governmental organizations and their recipients in the field of sustainable development, economics and economic development, governmental and social policy, public and social affairs, human and civil rights, education, legal reform, media and communications, international affairs, and the promotion of awareness of and fostering the development of a civil society; providing news, information, and consultation in the field of financial support to non-governmental organizations; providing news, information, and consultation pertaining to financial and investment matters as they relate to the field of sustainable development, economics and economic development, governmental and social policy, public and social affairs, human and civil rights, education, media and communications, and international affairs; providing grants for research and international fellowship programs; providing monetary exchange services; financial sponsorship of programs for the distribution of educational materials, namely, books, textbooks and software; financial research; financing of venture capital, namely, venture capital funding services to emerging and start-up companies; financial planning, consulting and management services; investment planning, consulting and management services; mutual fund investment and brokerage services; mutual fund portfolio management services; securities portfolio management services; providing advice relating to insurance issues; arranging of insurance for others in relation to the rental of managed offices or professional liability; financial research in the attainment of benefits, business interruption and loss determination; providing financial information, financial analysis and consultation; financial management; real estate management consultation; leasing, management, and rental of commercial property; real estate brokerage services; mortgage and insurance brokerage services; and providing news, information, and consultation in the fields in the electronic and print media; Construction management consultation; construction planning, and construction supervision; Telecommunication services, namely, telephone communication services, namely, local, long distance and mobile telephone communications services, audio and video teleconferencing services, electronic mail services, electronic transmission of images and data in the fields of business, law, technology, fair trade, sustainable development, civil society, and human rights via computer and a global computer network; press agency services; television broadcasting services; Educational services, namely, conducting courses, seminars, workshops and classes, all in the field of best practices and techniques for businesses, organizations, people and societies in the areas of management, organizational performance, financial performance, sustainability performance, engineering, construction, architecture, accounting, financial reporting, sustainability reporting, information technology, computerized information processing, managed offices, outsourcing, procurement, auditing, economics, insurance, human resources, law, industry market research, consumer market research, marketing and sales (except in the field of sales and marketing skills for mortgage and home equity loans), media relations, communication and advertising, leisure, cultural activities, fair trade, current events, world events, politics, public policy, the legislative process, government, business, leadership, networking, environment, social affairs and public affairs, and arbitration and mediation, and distributing course materials in connection therewith, and all provided through classes, workshops, seminars and via a global computer network; educational services, namely, sponsoring and conducting educational, cultural, international student, and professional exchange programs, policy conferences, and research programs; educational services, namely, providing online publications, information, and news via web sites, online computer databases, journals, articles, streaming audio and video, and pod casts; educational services, namely, disseminating the educational materials of others; educational services, namely, conducting courses, seminars, workshops and classes in the fields of business, law, technology, fair trade, sustainable development, civil society, and human rights; educational services, namely, providing a curriculum to schools that simulates sustainable development as it relates to business operations; educational services, namely, providing a curriculum to schools that provides students with simulations and real-world experiences; arranging and conducting debates and speeches relating to current affairs and business affairs; information and entertainment services, namely, providing information and entertainment via web sites, online publications, online computer databases, journals, articles, streaming audio and video, and pod casts all relating to current affairs and business affairs; Mediation services in conclusion of commercial transactions for others; mediation of agreements regarding the sale and purchase of goods and services; mediation of disputes between two parties; computer services, namely, providing a computer communications database for the exchange of information and news about best practices and lessons learned between businesses, governments, non-governmental organizations and people in the areas of management, organizational performance, accounting, financial performance, sustainability performance, engineering, construction, architecture, financial reporting, sustainability reporting, information technology, computerized information processing, managed offices, outsourcing, procurement, auditing, economics, insurance, human resources, employment opportunities, law, industry market research, consumer market research, marketing and sales, media relations, communication and advertising, leisure, cultural activities, fair trade, current events, world events, politics, public policy, the legislative process, government, business, leadership, networking, environment, social affairs and public affairs, arbitration and mediation, and the promotion of awareness of and fostering development of a civil society; computer services, namely, providing on-line connectivity to databases to enable real-time interaction between computer users about best practices and lessons; providing information in the fields of information technology, computers and computer systems; consulting in the areas of computer, computer systems and information technology; computer services, namely, computer programming services for others; computer services, namely, developing websites for others; computer services, namely, operating websites for others; application service provider services, namely providing a server platform and third-party software that allows others to make fractional use of system resources and software licenses; application service provider services, namely providing integrated telephone and computer data systems for others; news agency services, namely, gathering and dissemination of news; Arranging and conducting of conferences, luncheon and dinner events and joint advertisement and promotional events in the fields of business, law, technology, fair trade, sustainable development, civil society, and human rights; Arranging of promotional operations and activities that allow people to sample the goods and services of others; recruiting sponsors; advertising acquisition; mediation in the placement of advertisements; administrative handling of financial sponsorship; information and entertainment services, namely production of programming to be distributed via television, cable television, satellite television, radio, streaming audio and video, and pod casts; scientific research and consultation, namely, providing industrial analysis and research related to technology change and sustainable development; scientific research and consultation, namely, providing social analysis and research related to public affairs; legal services; lawyer referral services; reviewing standards and practices to assure compliance with environmental, public financial market, telecommunications, building code and zoning laws and regulation; engineering and engineering consulting in the fields of environmental remediation, transportation, water control and delivery, waste water purification and disposal, civil engineering, fire engineering, thermal engineering and hydrotechnical engineering; and architectural design services.

 

TRADEMARKS OPPOSITION BOARD

CANADIAN INTELLECTUAL PROPERTY OFFICE

APPEARANCES AND AGENTS OF RECORD

___________________________________________________

HEARING DATE No Hearing Held

AGENTS OF RECORD

No Agent Appointed	For the Registered Owner
All the trademark agents at Richards Buell Sutton LLP	For the Requesting Party