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ARTICLE · 21 MAY 2013

Trade-Mark Oppositions: When "Close" Becomes "Too Close" (Part 2)

Field Law
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The Trade-marks Act tells us that in determining whether trade-marks are confusing, the court should consider "all the surrounding circumstances".

CanadaIntellectual Property
Richard Stobbe
Richard Stobbe
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There was considerable interest in our earlier post (Trade-mark Oppositions: When "Close" becomes "Too Close") which reviewed the competing marks POMPURE vs. POM WONDERFUL for beverages, and the marks CAMILION vs. CAMÉLÉON & Design, both for software.

In another recent case Reynolds Presto Products Inc. v. P.R.S. Mediterranean Ltd., 2013 FCA 119, the Federal Court of Appeal reviewed the competing marks GEOWEB and NEOWEB, both for "cellular confinement systems". The owner of the GEOWEB mark sought an order to strike out NEOWEB on the basis of confusion. At trial, the judge sided with the owner of the NEOWEB mark. The owners of GEOWEB appealed.

The Trade-marks Act tells us that in determining whether trade-marks are confusing, the court should consider "all the surrounding circumstances" including:

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