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 made a ruling that Mattel's challenge was unsuccessful, permitting the registration of "Barbie’s" because it was unlikely to be confused with their existing Barbie trademark. This decision was subsequently validated by both the Federal Court and the Federal Court of Appeal before being appealed to the Supreme Court of Canada.