This was an appeal under section 56 of the Trademarks Act by Blyth Cowbells Brewing Inc. from the Opposition Board's decision rejecting their trademark application. The opposition was filed by Bellwoods Brewery Inc. and Bellwoods Holdings Inc., claiming confusion between their registered marks and the applicant's mark. The Board found that there was a reasonable likelihood of confusion, primarily with Bellwoods' Bell Mark. The Board also determined that the applicant was not entitled to registration based on the confusion between the marks. The appeal sought to overturn the Board's decision. The Court concluded that there was a likelihood of confusion between the marks. Factors such as resemblance, duration of use, overlap in goods and trade, and greater recognition of the Respondents' mark supported this finding. The evidence of actual confusion carried little weight. Consequently, the Applicant's Cowbell Mark was not eligible for registration. The application was dismissed, and costs were awarded to the Respondents. The appeal was also dismissed, and costs were assessed according to Tariff B.

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