What is the material date for opposition in the application for the CHATEAU BEAUFORT & Design mark?
Canada (Federal), Canada
The following excerpt is from Beaufort Winegrowers Ltd v Chateau Beaufort Noble Wines, 2013 TMOB 215 (CanLII):
Various grounds of opposition are pleaded, however, the determinative issue for decision is whether the applied-for mark CHATEAU BEAUFORT & Design is confusing with the opponent’s mark beaufort. The earliest material date to assess the issue of confusion is the date of first use claimed by the applicant, that is, May 1, 2007, while the latest material date is the date of my decision: for a review of case law concerning material dates in opposition proceedings see American Retired Persons v. Canadian Retired Persons (1998), 1998 CanLII 8908 (FC), 84 CPR(3d) 198 at 206 - 209 (FCTD).
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