Biologische Heilmittel Heel GmbH v. Barrette Legal Inc., 2024 FC 1178
Justice Pentney - 2024-07-26
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The court decision in the case involved an appeal from a decision to expunge a trademark registration. The applicant provided new evidence to demonstrate the trademark's use in Canada and argued for the registration to be maintained. The respondent contested the new evidence, claiming it was insufficient. The court allowed the appeal, stating that the evidence showed use of the trademark during the relevant period and could benefit the applicant as the registered owner. It was noted that the evidentiary burden on a trademark owner is light in such proceedings. The court highlighted the applicant's longstanding presence in the Canadian market and the continued availability of the trademarked products to Canadian consumers through various channels. Ultimately, the appeal was allowed, and costs were awarded to the applicant.
Decision relates to:
- T-2001-21 - BIOLOGISCHE HEILMITTEL HEEL GmbH v. BARRETTE LEGAL INC.