What is the test for a shammy trade-mark?

The principle which underlies the s. 12(1)(b) prohibition as it concerns deceptive misdescriptiveness is that the applied-for mark must not mislead the public by ascribing a quality to wares or services that they do not possess. For example, in Deputy Attorney-General of Canada v. Biggs Laboratories (Canada) Limited (1964), 42 C.P.R. 129 (Ex. Ct.) the trade-mark SHAMMI, as applied for in relation to a transparent polyethylene glove, was denied registration. The glove did not contain one scintilla of chamois or shammy.