- Parties: The applicant was F.I.A.L. Finanziaria Industrie Alto Lario, S.P.A. The respondent was Galperti SRL.

- Subject Matter: The applicant filed trademark application No. 1,599,754 for the GALPERTI trademark. The respondent opposed the application. On June 30, 2022, the Trademarks Opposition Board granted the respondent’s opposition and refused the registration of the trademark application. The applicant appealed the Board’s decision under s. 56 of the Trademarks Act, 1985, asked the court to allow its trademark application, and filed new evidence on appeal regarding the use of its trademark.

- Ruling: The court ruled in the applicant’s favour, granted its appeal, and directed the Registrar of Trademarks to allow the application for the trademark GALPERTI. The court held that the applicant’s new evidence on appeal and its evidence before the Trademarks Opposition Board showed that the applicant was entitled to register the trademark under ss. 38(2)(c) and 16(1)(a) of the Trademarks Act. The court added that the evidence established that the applicant engaged in prior use of the trademark in 1986 in Canada before the respondent’s use in 1991 and continuously used it in the normal course of trade.

- Date: The hearing was set on June 29, 2023. The court released its decision on June 25, 2024.

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

- Amount: The court awarded the applicant costs in the amount of $6,575 inclusive of disbursements.