What is the test for using a trade-mark as a "per se" product?
Canada (Federal), Canada
The following excerpt is from Bigras v. BMO Nesbitt Burns Corporation Limited, 2010 TMOB 174 (CanLII):
In Nightingale Interloc v. Prodesign (1984), 2 C.P.R. (3d) 534 the Registrar enunciated the following principle: Use of a mark in combination with additional material constitutes use of the mark "per se" as a trade-mark, if the public as a matter of first impression, would perceive the mark "per se" as being used.
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