7 Jun 2022
Anheuser Busch, LLC v. H.O.W. Medical Solutions Ltd.
The Trademarks Opposition Board rejected Anheuser-Busch's request to amend their opposition statement against H.O.W. Medical's trademark application for "HELPING PEOPLE FEEL BETTER ONE BUD AT A TIME" in association with cannabis products. Anheuser-Busch appealed the decision, and the appeal was allowed. Anheuser-Busch, a subsidiary of Anheuser-Busch InBev, has used the BUDWEISER trademark in Canada since 1903. H.O.W. Medical filed the trademark application in 2018, and Anheuser-Busch opposed it. The Board refused the request to amend the statement of opposition, but the Court found no error of law in the refusal. The Court applied the standards of review and analyzed the criteria governing a request to amend a statement of opposition.