In NPS Pharmaceuticals v. Biofarma (2009 FC 172), the Federal Court upheld the Trade-marks Opposition Board’s (“the Board”) decision to dismiss NPS Pharmaceuticals’ (“NPS”) application to register the mark PREOS based on proposed use in association with pharmaceutical preparations for the treatment of certain bone diseases. Biofarma, Société par Actions Simplifiée (Biofarma), whose proposed marks PROTOS and PROTELOS had been accepted, but not yet registered, in association with nearly identical wares, opposed the application. Continue Reading