What is the material date to consider the issue of confusion in an opposing trade-mark application?
Canada (Federal), Canada
The following excerpt is from Chanel S de RL v Cultural Connections LLC, 2014 TMOB 126 (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)(a) 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). In the instant case, nothing turns on whether the issue of confusion is assessed at a particular material date. When Are Trade-marks Confusing?
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the material date to consider the issue of confusion in an opposition application? (Canada (Federal), Canada)
What are the material dates used to assess the issue of confusion in an opposition application? (Canada (Federal), Canada)
What are the material dates used to assess the issue of confusion between the HAPY FOOT and the Opponent’s trademarks? (Canada (Federal), Canada)
If an applicant succeeds in his res judicata application, does the application have grounds to stay the application? (Canada (Federal), Canada)
What are the material dates used to assess the issue of confusion in an application? (Canada (Federal), Canada)
Is there any case law where a member of the applicant’s medical report concluded that the medical evidence presented by the applicant was inconsistent with the applicant's testimony on the issue of paralysis? (Canada (Federal), Canada)
What material dates have been used to assess the issue of confusion in an opposition application? (Canada (Federal), Canada)
What are the material dates used to assess the issue of confusion in an opposition to a trade-mark application? (Canada (Federal), Canada)
What are the material dates used to assess the issue of confusion in an opposition? (Canada (Federal), Canada)
What are the limits on the amount of time that a court can extend an application to extend the application for an extension of the application? (Canada (Federal), Canada)
