What are the material dates used to assess the main issue in an application for the mark SUPER COLD?
Canada (Federal), Canada
The following excerpt is from Labatt Brewing Company Limited v. Molson Canada 2005, 2010 TMOB 44 (CanLII):
The main issue in this proceeding, as alleged in the statement of opposition, is whether the applied for mark SUPER COLD is clearly descriptive or deceptively misdescriptive of the character or quality of beer. The material dates to assess the main issue are (i) the date of filing the subject application (May 12, 2005) with respect to the first ground, (ii) the date of my decision with respect to the second ground, and (iii) the date of opposition (February 13, 2007) with respect to the third 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 C.P.R.(3d) 198 at 206 ‑ 209 (F.C.T.D.). Legal Onus and Evidential Burden
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