What is the material date for considering the first ground of opposition based on s.12(1)(d)?
Canada (Federal), Canada
The following excerpt is from Canadian Junior Golf Association /L’association Canadienne de Golf Junior v MBA Tour, Inc, 2014 TMOB 198 (CanLII):
Of course, a non-dominant component of the applied-for mark, namely the portion Your future begins here, may be viewed as a variant of the opponent’s mark YOUR FUTURE STARTS HERE, that is, essentially the same as the opponent’s mark. The material date for considering the first ground of opposition based on s.12(1)(d) is the date of my decision: 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 (FCTD) pp. 206 – 209.
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