On 24 March 2025, the Trademarks Opposition Board (the "TMOB") refused a trademark application for the mark "Robin Hood" because it was considered confusing with the previously registered trademark ROBINHOOD owned by Robinhood Markets Inc., the maker of the popular securities trading app in the United States.
The Applicant, Robin Hood Inc., had filed an application for the mark "Robin Hood" in association with goods and services relating to a wide variety of electronic devices, office products, and business services. The Opponent, Robinhood Markets Inc., owned a registration for the mark ROBINHOOD. The statement of opposition filed by the Opponent alleged that, among other things, the Applicant's trademark was confusing with the Opponent's registered trademark.
In its decision, the TMOB reviewed the factors for confusion set out in s. 6(5) of the Trademarks Act. The TMOB concluded that the Applicant's trademark and the Opponent's trademark were confusing given the high degree of resemblance between the marks, the length of time of use of the Opponent's mark, and the extent to which the Opponent's mark had become known in Canada.
Of note, the Applicant had submitted a document entitled "Statutory Declaration of Tanuj Sethi" as part of its evidence. However, there was no indication that the document was sworn or solemnly affirmed before a commissioner for taking affidavits. Therefore, the document was not considered by the TMOB.
This decision is a reminder to trademark owners to stay vigilant and take action against any activities by third parties that might affect the distinctiveness of their trademarks.
A copy of the decision is available here.
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