What is the material time to assess a ground of opposition?
Canada (Federal), Canada
The following excerpt is from Patron Spirits International AG v Destileria 501, S.A. DE C.V., 2016 TMOB 40 (CanLII):
The material time to assess a ground of opposition based on s. 2 is the date of opposition, in this case January 29, 2013: 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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