The Trade-marks Opposition Board rejected Mattel's opposition and allowed the registration, finding that the applicant's trade-mark, "Barbie’s", was not likely to be confused with Mattel's Barbie trade-mark. The Federal Court and Federal Court of Appeal both upheld the Trade-marks Opposition Board's decision. Mattel Inc. appealed to the Supreme Court of Canada.
The Trade-marks Opposition Board ruled in favor of Mattel's opponent, allowing the registration of "Barbie’s" due to a lack of potential for confusion with their Barbie trademark. The decision was later confirmed by both the Federal Court and the Federal Court of Appeal before being taken to the Supreme Court of Canada.