What is the material date to consider the issue of confusion in an opposition application?
Canada (Federal), Canada
The following excerpt is from Handi-Foil Corporation v Products Inc, 2014 TMOB 35 (CanLII):
The earliest material date to consider the issue of confusion is the date of filing the application, June 17, 2009, with respect to the s.16(3) ground, while the latest material date is the date of my decision, with respect to the s.12(1)(d) ground: 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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