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displace the Registrar’s findings on every issue, but only those issues to which the new evidence
speaks: Seara at para 22; Caterpillar at para 36; Smart Cloud at paras 48, 62.
[9]
To assess the materiality of the new evidence filed in this proceeding, it is necessary to
review the trademark application at issue, the Registrar’s decision, and the evidence that Bunzl
puts forward on this appeal.
(2)
The trademark application and opposition
[10] In April 2013, Bunzl applied to register the trademark WORKHORSE as a word mark,
for use in association with certain goods. After amendments made during prosecution, the goods
identified in the application are the following:
First aid kits; protective safety equipment, namely, hard hats,
safety glasses, safety goggles, ear plugs for soundproofing, face
protection, namely, face shields not for medical purposes,
respirators other than for artificial respiration, face masks not for
medical purposes, and protective gloves for industrial use;
protective clothing treated with fire retardants, namely, pants,
shirts, bib overalls, coveralls, and aprons for protection against
fire; protective clothing treated with retardants for wear by
welders, grinders, and mechanics for protection against flames,
sparks and fire; hearing protection headsets, not for medical use,
radio-compatible hearing protection headsets, not for medical use;
back support belts for workers; protective industrial boots;
protective headgear, namely, hard hats and protective helmets;
safety traffic cones; knee pads for workers; dust masks, rubber
molded boots; protective sleeves; poly and pvc sleeves; protective
aprons; protective aprons made of poly, neoprene coated and pvc;
safety boots; mesh safety gloves; disposable bags; tool bags;
general purpose rubber and plastic gloves for domestic use;
general work clothing, namely, general work gloves, namely,
cotton gloves, cotton and leather gloves and leather gloves; latex
gloves, rubber gloves, vinyl gloves and polyvinyl chloride gloves,
nitrile gloves, poly gloves; socks; rainwear, namely, rain suits,
pants, hats, boots, and hip and chest waders for use in connection