This bulletin was incorrectly attributed in the October 9th edition of the Lexology newsletter. We apologize for this error.

Fasken Martineau Dumoulin S.E.N.C.R.L., S.R.L. v. Les Laboratoires Bio-Santé Inc.

The Registrar of Trade-marks (the "Registrar") upheld the registration of a trade-mark, registered in association with smoking cessation tablets. The Applicant appealed the decision of the Registrar. The Court noted that the decision was to be reviewed on a standard of reasonableness as no new evidence was filed before the Court. The Court found that the Registrar's decision was reasonable and noted that the Court does not re-weigh the evidence, but reviews to ensure the existence of justification, transparency and intelligibility in the decision making process. Further, the Court determines whether the decision falls within a range of acceptable outcomes in light of the facts and the law.

In reviewing the Registrar's decision, the Court addressed the invoices that were filed, stating that it is not necessary in all cases to have proof that the invoices accompanied the products at the time of transfer in order to meet the notice of association required by Section 4 of the Trade-marks Act. The Court dismissed the appeal.