Naturally Splendid Provides Update On NATERA Trademark
Naturally Splendid Enterprises Ltd. has appealed a Federal Court decision that rejected its Canadian trademark application for the NATERA mark. The application was initially filed in 2013 but faced opposition from Brandstorm Inc., which claimed prior use of the similar NATIERRA mark. The Federal Court allowed Brandstorm's appeal, impacting Naturally Splendid’s trademark registration despite its ongoing right to use the NATERA mark. The company believes it has a strong case for appeal, asserting the court erred regarding the nature of the products involved. A decision on the appeal is expected in several months.
- Naturally Splendid retains the right to use the NATERA mark in Canada despite the trademark rejection.
- The company is pursuing an appeal, indicating confidence in their case.
- The Federal Court rejected Naturally Splendid's trademark application, which could limit brand protection.
- The appeal process may take several months, delaying any potential resolution.
VANCOUVER, BC / ACCESSWIRE / February 26, 2021 / Naturally Splendid Enterprises Ltd. ("Naturally Splendid", "NSE" or "the Company") (FRANKFURT:50N) (TSXV:NSP) (OTC PINK:NSPDF) provides the following update in regards to the NATERA trademark.
Naturally Splendid, a supplier of vegetarian meat substitutes, sports and energy bars, and hemp-based products, has appealed a decision of the Federal Court of Canada relating to its Canadian trademark application to register its mark NATERA.
Naturally Splendid's Canadian Trademark Application No. 1,635,350 was filed on July 16, 2013, covering a variety of food products. After winding its way through the Canadian Intellectual Property Office, the application was opposed by Brandstorm Inc. on June 5, 2015. Brandstorm alleged that it had used the mark NATIERRA for goji berries, salt, cocoa powder, and trail mix in Canada before 2013. In its decision dated August 29, 2018, the Canadian Trademark Opposition Board dismissed Brandstorm's opposition and would have allowed Naturally Splendid's trademark application to proceed.
Brandstorm appealed the Opposition Board decision to the Federal Court and submitted new evidence in the appeal. In its judgment released January 22, 2021, the Federal Court noted that Brandstorm's affiant had not been cross-examined and accepted Brandstorm's assertions of previous use in Canada of the NATIERRA mark on certain products. The Federal Court allowed the appeal and instructed the Canadian Intellectual Property Office to reject Naturally Splendid's trademark application.
The rejection of Naturally Splendid's Canadian trademark application would not affect the right to continue using its long-established NATERA mark in the Canadian marketplace. Nonetheless, Naturally Splendid is appealing the Federal Court decision.
Company CEO Mr. J. Craig Goodwin states, "Even though this decision does not affect our right to continue using the NATERA mark and to further enhance the brand, we still value the additional protection of a Canadian trademark registration. We believe we have a strong case for appeal and are currently proceeding with our application to appeal."
The Federal Court decision did not take into account the co-existence in Canada of third-party trademarks that are based on the word "nature": no such evidence was before the Opposition Board or the Federal Court and it will also not be before the Federal Court of Appeal.
However, one of the grounds of appeal filed by Naturally Splendid is that the Federal Court erred in how it factored in the nature of the specific foods in question. The Court effectively held that because they might all be sold in grocery stores, the use of NATERA on products such as hemp seeds, beverages and pet food would be confusing with the mark NATIERRA in association with goji berries, Himalayan salt, cocoa powder and trail mix. That issue is anticipated to be a focal point of the appeal.
The appeal is in the early stages and a decision is not expected for at least several months.
About Naturally Splendid Enterprises Ltd.
Founded in 2010, NSE operates a Safe Quality Food Level 2 certified food manufacturing facility just outside Vancouver, BC in Canada. The Company has established numerous healthy, functional foods under recognized brands such as Natera Sport™, Natera Hemp Foods, CHII, Elevate Me™ and Woods Wild Bar™, and most recently Natera Plant Based Foods, a line of delicious plant-based meat alternatives for the rapidly growing plant-based market segment.
The Company has a myriad of new products and line extensions under development that are approaching launch. NSE, through its joint venture Plasm Pharmaceutical, has been approved for conducting a phase 2 clinical trial approved by Health Canada for treatment of COVID-19.
NSE has also developed proprietary technologies for the extraction of high-demand, healthy omega 3 and 6 oils from hemp.
NSE contract manufacturers for healthy, functional food products and ingredients focusing on plant-based ingredients. The Company provides contract manufacturing services for many healthy food companies, private labeling a wide variety of nutritional food products destined for global healthy food markets.
For more information e-mail info@naturallysplendid.com or call Investor Relations at 604-465-0548 ext.105
On Behalf of the Board of Directors
Mr. J. Craig Goodwin
CEO, Director
Contact Information
Naturally Splendid Enterprises Ltd.
(NSP - TSX Venture; NSPDF - OTCQB; 50N - Frankfurt)
#108-19100 Airport Way
Pitt Meadows, BC, V3Y 0E2
Office: (604) 465-0548
Fax: (604) 465-1128
E-mail: info@naturallysplendid.com
Website: www.naturallysplendid.com
Forward-Looking Statements
Information set forth in this news release contains forward-looking statements that are based on assumptions as of the date of this news release. These statements reflect management's current estimates, beliefs, intentions and expectations. They are not guarantees of future performance. Naturally Splendid cautions that all forward looking statements are inherently uncertain and that actual performance may be affected by a number of material factors, many of which are beyond Naturally Splendid's control including, Naturally Splendid's ability to compete with large food and beverage companies; sales of any potential products developed will be profitable; sales of shelled hemp seed will continue at existing rates or increase; the ability to complete the sales of all bulk hemp seed purchase orders; and the risk that any of the potential applications may not receive all required regulatory or legal approval. Accordingly, actual and future events, conditions and results may differ materially from the estimates, beliefs, intentions and expectations expressed or implied in the forward-looking information. Except as required under applicable securities legislation, Naturally Splendid undertakes no obligation to publicly update or revise forward-looking information.
NEITHER TSX VENTURE EXCHANGE NOR ITS REGULATION SERVICES PROVIDER (AS THAT TERM IS DEFINED IN THE POLICIES OF THE TSX VENTURE EXCHANGE) ACCEPTS RESPONSIBILITY FOR THE ADEQUACY OR ACCURACY OF THIS RELEASE.
SOURCE: Naturally Splendid Enterprises Ltd.
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FAQ
What is the current status of Naturally Splendid's NATERA trademark application?
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