Anheuser Busch, LLC v. H.O.W. Medical Solutions Ltd., 2022 FC 842

Justice Walker - 2022-06-07

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On August 20, 2021, the TMOB, rejected a request by Anheuser-Busch for leave to file an amended statement of opposition pursuant to section 48 of the Trademarks Regulations. The request was made in respect of Anheuser-Busch’s opposition to an application by H.O.W. Medical Solutions Ltd. to register the trademark HELPING PEOPLE FEEL BETTER ONE BUD AT A TIME (the Mark) in association with a broad range of cannabis products. ... Anheuser-Busch now appeals the Board’s decision (the Decision) pursuant to section 56 of the Trademarks Act. ... Most notably, the Board ignored the fact that the Budweiser Cannabis Marks are intended for use in association with cannabis products, the core component of the goods and services covered by the Application. This error is compounded by the Board’s failure to address the prejudice alleged by Anheuser-Busch if the request is refused. For these principal reasons, I find that there are palpable errors in the Decision which, considered collectively or individually, were determinative in the Board’s refusal. ... For the reasons set out in this judgment, the appeal is allowed.

Decision relates to:



Canadian Intellectual Property