TMOB Expunges Moosehead Breweries' Lager Beer Trademark

• The Trademarks Opposition Board (TMOB) ordered the expungement of Moosehead Breweries' trademark for lager beer.
• Moosehead Breweries failed to provide sufficient evidence of its trademark use, leading to the expungement of one of its registrations.
• The decision highlights the importance of maintaining accurate records of trademark use to avoid similar consequences.
• Compliance officers should take note of this decision and ensure that their companies are taking steps to maintain accurate records of trademark use.

Moosehead Breweries failed to provide sufficient evidence of its trademark use, leading to the expungement of one of its registrations.

In a recent decision, the Trademarks Opposition Board (TMOB) ordered the expungement of Moosehead Breweries' trademark for lager beer. This ruling serves as a reminder to compliance officers and businesses alike that maintaining accurate records of trademark use is crucial to avoid similar consequences. The TMOB's order amends three trademark registrations, maintains two others, and expunges one owned by Moosehead Breweries Limited.

The decision was made in the case of 14095863 Canada Inc. v Moosehead Breweries Limited (2026 TMOB 133), which involved several registered trademarks. The registrar of trademarks issued notices to the marks' owner under s. 45 of the Trademarks Act, requiring them to demonstrate use within a specific period.

Moosehead Breweries presented evidence of its trademark use, including prominently featuring its MOOSE WINOOSKI'S & DESIGN mark on an exterior sign for an Ontario restaurant and claiming that its licensee served over a million patrons at this establishment. However, the TMOB found insufficient evidence to support the use of the lager beer trademark, leading to its expungement.

The decision was made under s. 45 of the Trademarks Act, which allows for the expungement of trademarks that have not been used within a specified period. The TMOB's order highlights the importance of maintaining accurate records of trademark use to avoid similar consequences. In this case, Moosehead Breweries failed to provide sufficient evidence of its trademark use, leading to the expungement of one of its registrations.

The decision also underscores the significance of complying with the requirements set out in s. 45 of the Trademarks Act. Businesses must demonstrate use within a specific period or risk facing consequences such as expungement. The TMOB's order serves as a reminder to businesses to prioritize record keeping and ensure that they can provide evidence of their trademark use when required.

The decision also has implications for intellectual property law in Canada, highlighting the importance of maintaining accurate records of trademark use. Compliance officers should take note of this decision and ensure that their companies are taking steps to maintain accurate records of trademark use.

The TMOB's order has significant implications for businesses and compliance officers. The decision highlights the importance of maintaining accurate records of trademark use, as failure to do so can result in expungement. This is particularly relevant for companies that rely on trademarks to differentiate themselves from competitors.

Compliance officers should take note of this decision and ensure that their companies are taking steps to maintain accurate records of trademark use. This includes documenting evidence of trademark use, such as sales data and marketing materials, and ensuring that all employees understand the importance of record keeping.

Compliance officers should note that this decision highlights the importance of maintaining accurate records of trademark use, as failure to demonstrate sufficient evidence can result in expungement.

Source: Original reporting via Trademarks Opposition Board