What are the material dates used to assess the issue of confusion between the HAPY FOOT and the Opponent’s trademarks?

Canada (Federal), Canada

The following excerpt is from McGregor Industries Inc. v COMERCIAL LOSAN, S.L.U., 2019 TMOB 148 (CanLII):

I consider the Opponent’s best chance of success to be with respect to its allegations of confusion between the Mark and its use and registration of the trademarks HAPPY and HAPY FOOT. The determinative issue raised by the statement of opposition is therefor whether the Mark is confusing with the Opponent’s trademarks HAPPY FOOT or HAPPY used in association with socks and registered in association with knitted footwear or hosiery. The material dates to assess the issue of confusion are the date of my decision with respect to the section 12(1)(d) ground of opposition; the date of filing, that is, April 1, 2016, with respect to the entitlement grounds (section 16(2)); and the date of opposition, that is, June 9, 2017, with respect to the fourth 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).

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