- Parties: The applicant was Biologische Heilmittel Heel GmbH. The respondent was Barrette Legal Inc.

- Subject Matter: A hearing officer of the Registrar of Trademarks issued a decision expunging the applicant’s trademark registration for the TRAUMEEL trademark (Reg. No. TMA383470). The applicant appealed under s. 56 of the Trademarks Act, 1985 and asked the court to maintain its trademark registration. The applicant filed new evidence that allegedly addressed the hearing officer’s concerns.

- Ruling: The court ruled in the applicant’s favour and allowed its appeal. The court quashed and set aside the hearing officer’s decision expunging the applicant’s trademark registration. The Registrar of Trademarks should maintain the registration but should not restore or maintain the registration in relation to the goods listed as veterinary preparations, the court said. The court considered the evidence as a whole, noted that the evidentiary burden on a trademark owner in a s. 45 proceeding was light, and found that the evidence showed use of the trademark in Canada during the relevant period. The court held that such use could enure to the benefit of the mark’s registered owner since the sales were done in the ordinary course of trade.

- Date: The hearing was set on June 27, 2023. The court released its decision on July 26, 2024.

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

- Amount: The court ordered the respondent to pay the applicant all-inclusive costs in the amount of $9,000.