Is it possible to invalidate the registration of a trade-mark on the basis that the public will falsely associate the person with the mark?
Canada (Federal), Canada
The following excerpt is from Miranda Aluminum Inc. v. Miranda Windows & Doors Inc., 2010 FCA 104 (CanLII):
Further, it is difficult for individuals to invalidate the registration of a trade-mark on the basis that the public will falsely associate the mark with them. Normally, a person challenging the validity of a trade-mark on this ground must establish the existence of a significant public reputation (Bousquet v. Barmish Inc. (1991), 37 C.P.R. (3d) 516 (F.C.T.D.) at 524), which there is no evidence that the father had.
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