The appellant, manufacturer of BARBIE dolls, opposed the respondent's application to register the trade-mark 'Barbie's' for its chain of restaurants.
The Trade-marks Opposition Board rejected the opposition, finding no likelihood of confusion given the significant difference in the nature of the wares and services.
The Federal Court and Federal Court of Appeal upheld the decision.
The Supreme Court of Canada dismissed the appeal, holding that the Board's decision was reasonable.
The Court confirmed that while a trade-mark's fame is an important factor, it does not trump all other factors under section 6(5) of the Trade-marks Act, and the totality of the circumstances must be considered.
