GSK Thwarts The Attempted "Scooping" Of Its HORLICKS Trademark

The Federal Court of Canada has rejected an application by Bedessee Imports Ltd., an importer and distributor of food products, including beverages, drinks and drink mixes, to expunge GlaxoSmithKline’s (“GSK”) longstanding HORLICK’S and HORLICKS trademark registrations. HORLICKS branded malted milk powder was originally developed for children and people with health ailments, and later became known as a meal replacement drink. It is widely sold internationally.¹

Bedessee brought its application in 2017, claiming that the HORLICK’S and HORLICKS marks were not registrable when they were registered, were not distinctive, and had been abandoned. In 2017, Bedessee had also filed its own proposed use application for HORLICKS in association with “malted milk powder drink mix, drinks,” and other goods.