ARTICLE · 14 JANUARY 2016

The Meaning Of Trademarks

Goldman Sloan Nash & Haber LLP

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A recent decision of the Federal Court gave significant emphasis to the meaning of the trademarks in dispute in determining whether confusion existed.

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A recent decision of the Federal Court gave significant emphasis to the meaning of the trademarks in dispute in determining whether confusion existed.

The Facts

In 2008 Benjamin Moore & Co., Limited ("Benjamin Moore") filed an application for the trademark NATURA for use in association with "paints, varnishes and lacquers". In the course of examination the examiner took the position that the applied-for mark was confusing with pending application for the trademark NATURA for natural wood strippers filed by Home Hardware Stores Limited ("Home Hardware").

Later in 2008 Home Hardware filed an application for the trademark BEAUTI-TONE NATURA for interior paint. Benjamin Moore successfully opposed Home Hardware's application for the trademark BEAUTI-TONE NATURA on the basis of confusion with Benjamin Moore's pending NATURA application.

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