What material dates have been used to assess the issue of confusion in an opposition application?

The material dates to assess the issue of confusion are (i) the date of decision with respect to the ground of opposition alleging non-registrability, (ii) the date of first use claimed in the application (November 30, 1995) with respect to the ground of opposition alleging non-entitlement, and (iii) the date of opposition (November 3, 2004) with respect to the ground of opposition alleging non-distinctiveness: 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.). Section 6(5) Factors