Janice Bereskin and Tamara Céline Winegust discuss a key trademark ruling in Canada for the Pharmaceutical Trade Marks Group

Principals Janice Bereskin and Tamara Céline Winegust recently wrote a feature for the March 2026 edition of Spotlight from the Pharmaceutical Trade Marks Group, exploring the implications of the recent decision in Samsung Bioepis Co., Ltd. v. Novartis AG, 2025 FCA 212. 

In their article, “Confusion in Canada: mythical consumers and hypothetical tests,” Bereskin and Winegust discuss how the Federal Court of Appeal reaffirmed that trademark confusion in Canada must be assessed from the perspective of a hypothetical consumer, rather than only those who directly purchase a product.  

The case arose in the pharmaceutical sector, where the Court confirmed that physicians, pharmacists and patients may all be relevant consumers in assessing whether two trademarks are likely to be confused. 

“The decision underscores that Canadian trademark confusion analysis remains a forward-looking, hypothetical inquiry — one that prioritizes consumer protection over rigid formalism about marketplace mechanics of ‘use’.” 

Read the full article on the Pharmaceutical Trade Marks Group Linkedin page.