The Registrar of Trade-marks (Registrar) allowed the trade-mark application by Fresh Hemp Foods. 299614 Alberta (the Applicant) appealed the decision pursuant to section 56(1) of the Trade-marks Act.
The Court held that it was clear that the registration was allowed because the Registrar erroneously thought the opposition to the registration had been withdrawn. Although the Court found that Fresh Hemp Foods was granted rights that it would not otherwise have had because of this error, the Court held that the correct way to proceed is to commence expungement proceedings pursuant to section 57, and not an appeal pursuant to section 56. Accordingly, the application was dismissed.