09/17/2026
The Federal Court has provided further guidance on “new evidence” in appeals from the Trademarks Opposition Board.
In Bonafide Health, LLC v. Bonafide Health & Drugs Limited, the Court considered cross-examination on affidavits filed before the TMOB and how the pleaded grounds of appeal determine the relevance of proposed new evidence.
Shift Law represented the successful Respondent.
The Federal Court considers new evidence in Trademark Opposition Board appeals, including cross-examination and the relevance of proposed evidence.