- Parties: The applicant was Patagonia, Inc. The respondent was Labatt Brewing Company Limited.

- Subject Matter: The Registrar of Trademarks decided to maintain the registration for the trademark PATAGONIA with registration number TMA640,53 for use in association with beer. The applicant appealed. The applicant claimed that the Registrar erred in maintaining the registration because the respondent’s evidence lacked in key matters, such as the respondent’s sales during the relevant period. The applicant alleged that the decision-maker should draw a negative inference against the respondent because it had an opportunity to address the gaps and deficiencies by filing new evidence on appeal and failed to do so. The respondent argued that its evidence met the threshold for demonstrating use based on the governing case law and that it did not need to file any new evidence since it had succeeded before the Registrar.

- Ruling: The court ruled in the respondent’s favour and dismissed the applicant’s appeal. The court held that the Registrar made no palpable and overriding errors when considering the evidentiary record as a whole. The court found evidence to support the Registrar’s conclusions on the key points. The court noted that, while the reasons were imperfect, the decision-maker need not release perfect reasons.

- Date: The hearing was set on June 6, 2023. The court released its decision on June 17, 2023.

- Venue: This was a federal case before the Federal Court.

- Amount: The court awarded reasonable costs to the respondent.