BIG BITE vs. BIT BITE.
These two marks were assessed in the recent case of 7-Eleven, Inc v BitBite Foods
Inc. , 2014 TMOB 16 (CanLII), for snack food
products. BitBite Foods filed an application to register the
BIT BITE design at right in connection with a
variety of food products. 7-11 opposed the application on the basis
of their family of BIG BITE marks, including BIG
BITE (TMA728,674), 1/3 LB. BIGGEST BIG BITE (TMA593,755), SMOKIE
BIG BITE (TMA393,436), and SUPER BIG BITS (TMA602,497), also
in association with food products. The 7-11 marks included the BIG
BITE Design (TMA405,449) at left.
Essentially, both marks were associated with food products, both
marks featured a stylized "bite" design element, and the
marks were virtually identical except for a single letter. 7-11
argued that their marks were all registered and had been used in
Canada since the 1990s. The BIT BITE mark by comparison was applied
for on the basis of "proposed use" meaning
