On December 13, 2022, the Federal Court ruled in favour of Nuheara and invalidated its competitor Gentec’s IQ trademark for lack of distinctiveness. The Federal Court also found that even if the registration had been valid, there was no likelihood of confusion between Nuheara’s IQbuds mark and Gentec’s IQ mark.
This is one of the rare high-stakes Canadian trademark cases to both make it to trial and invalidate a registered trademark for lack of distinctiveness. Gentec’s trademark IQ was found to be non-distinctive in light of an extensive record showing how the word “IQ” came to be used as shorthand for “smart” consumer electronics in Canada.
A Fasken team composed of Jean-Philippe Mikus, Marek Nitoslawski, Michael Shortt, and Eliane Ellbogen successfully represented Nuheara in this matter.
Jurisdictions
- Canada
- Australia
