What is the test for confusion in a trade mark?
Canada (Federal), Canada
The following excerpt is from Rent-A-Nerd Computer Services Inc v Rent-A-Geek Computer Services Ltd, 2011 TMOB 171 (CanLII):
The test for confusion is one of first impression and imperfect recollection, as noted by Mr. Justice Denault in Pernod Ricard v. Molson Breweries (1992) 44 C.P.R. (3d) 359 at 369 (F.C.T.D.): The test of confusion is one of first impression. The trade marks should be examined from the point of view of the average consumer having a general and not a precise recollection of the earlier mark. Consequently, the marks should not be dissected or subjected to a microscopic analysis with a view to assessing their similarities and differences. Rather, they should be looked at in their totality and assessed for their effect on the average consumer as a whole.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
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)
What is the material date to consider the issue of confusion in an opposing trade-mark application? (Canada (Federal), Canada)
What are the material dates used to assess the issue of confusion in an opposition to a trade-mark application? (Canada (Federal), Canada)
What is the difference between a trade-mark and a trade name? (Canada (Federal), Canada)
Is a trade-mark or trade-name used in the advertising of a competitor’s services available in Canada? (Canada (Federal), Canada)
What is the current state of the law in Japan on passing off a trade-mark as a separate product? (Canada (Federal), Canada)
What defines a "misdescriptive" trade-mark? (Canada (Federal), Canada)
What is the evidence against the Opponent for using the trade-mark Pandemic 101? (Canada (Federal), Canada)
What is the test for determining whether a defendant is liable under Section 1983 of the Federal Trade Code for failing to comply with the Trade Union Guidelines? (MultiRegion, United States of America)
Is a distributor entitled to a trade-mark if it has not breached its fiduciary obligations to the foreign principal? (Canada (Federal), Canada)
