Trademarks Opposition Board orders expungement of Moosehead Breweries mark for lager beer

In summary expungement proceedings under s. 45 of the Trademarks Act, 1985, an order by the Trademarks Opposition Board amended three trademark registrations, entirely maintained two others, and expunged another, all owned by Moosehead Breweries Limited. 

14095863 Canada Inc. v Moosehead Breweries Limited, 2026 TMOB 133, involved these registered trademarks: 

• TMA252,475: MOOSEHEAD BEER BOTTLE LABEL DESIGN 
• TMA320,108: MOOSE’S HEAD DESIGN 
• TMA360,450: MOOSEHEAD DESIGN 
• TMA442,653: MOOSEHEAD PREMIUM DRY 
• TMA498,373: MOOSE WINOOSKI'S & DESIGN
• TMA1,073,502: Head of Moose Design 

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The registrar of trademarks issued the s. 45 notices to the marks’ registered owner at the request of 14095863 Canada Inc. Under the notices, the owner had to show: 

• whether it used its marks in Canada in association with the goods and services specified in the registrations within the three-year period immediately before the notice date (the relevant period) 
• if not, when it last used the marks, and why it had not used the marks since that date 

The marks’ owner sold beer at retail outlets and at its taproom, where it sold other merchandise. 

As a part of its evidence, the owner alleged that it prominently featured its MOOSE WINOOSKI'S & DESIGN trademark on an exterior sign for an Ontario restaurant during the relevant period. The owner claimed that its licensee served more than a million patrons at this establishment. 

Trademarks Opposition Board’s order

Citing ss. 63(3) and 45 of the Trademarks Act, a member of the Trademarks Opposition Board (TMOB) issued an order to: 

• Amend the registrations numbered TMA360,450, TMA498,373, and TMA1,073,502 
• Entirely maintain the registrations numbered TMA320,108 and TMA442,653 
• Expunge the registration numbered TMA252,475 

The TMOB decided not to award costs. 

Amended trademark registrations

The TMOB ordered the maintenance of the trademark registrations for the following goods, for which the owner demonstrated use within the relevant period: 

• TMA360,450: glasses, clothing, t-shirts 
• TMA498,373: t-shirts, restaurant, bar services 
• TMA1,073,502: beer 

However, the TMOB directed the deletion of the following goods from the trademark registrations, based on a lack of evidence of use and the absence of evidence of special circumstances excusing the non-use: 

• TMA360,450: bar signs, barrel ends, mirrors, mugs, trays, plastic cups, cooler bags, cooler cups, golf towels, beach towels, banners, sweaters, football jerseys, mesh ball caps, winter ball caps, painter hats, aprons, golf shirts, sports shirts, long john shirts, 3/4 ball shirts, hockey sweaters, cowboy hats 
• TMA498,373: sweatshirts and hats, men's, ladies' and children's clothing and sportswear, namely, trousers, pants, shorts, coats, jackets, sweaters, bandannas, nylon jackets, scarves, suits, shirts, hooded sweatshirts, jogging pants, leggings, underwear, jogging suits, tank tops, socks, hosiery, sunglasses and belts 
• TMA1,073,502: glassware or cupware (namely beer mugs), hi-ball glasses, plastic beer cups, clothing (specifically t-shirts or hats) 

Trademarks maintained

First, the TMOB ordered the full maintenance of the registration for TMA320,108 for brewed alcoholic beverages. 

The TMOB acknowledged the owner’s evidence showing the mark on boxes of cans. The TMOB also accepted evidence of invoices referring to the sale of “moosehead beer” cans as proof of sales during the relevant period. 

Second, the TMOB directed the total maintenance of the registration for TMA442,653, also for brewed alcoholic beverages. 

The TMOB pointed to a picture of a Moosehead Premium Dry beer can that featured the trademark. The TMOB also found invoices mentioning the sale of “moosehead dry” cans, thus proving sales within the pertinent period. 

Trademark for lager beer expunged

The TMOB ordered the expungement of TMA252,475, previously issued for brewed alcoholic beverages, namely lager beer. 

The TMOB saw insufficient evidence of the mark’s use within the relevant period or of special circumstances justifying the non-use. The TMOB rejected evidence attempting to show the mark’s use for a promotional display or t-shirt sales. 

Prior intellectual property cases

Here are some other recent intellectual property law decisions revolving around trademarks. 

In a proceeding alleging trademark infringement against Aritzia Inc. and Aritzia LP, the Federal Court issued a “solicitor’s eyes only” order dated July 16, covering product-level confidential information dubbed Aritzia’s “special sauce.” 

In summary expungement proceedings brought by Borden Ladner Gervais LLP (BLG) against Passmore Inc. under s. 45 of the Trademarks Act, the TMOB made a June 19 decision amending a trademark registration to delete all goods and some services. 

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