LAW 723 Lecture 5: Law 723 lecture 5
10 Feb 2017
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Cl mark must prove: mark/ reputation, geographic compass. Registered mark is valid throughout canada and enforceable through the federal court and provincial superior courts. Impact of an ecxtant common law mark against the filing of a proposed registered mark. Location where cl mark used not relevant in determining confusion. Test for (cid:272)o(cid:374)fusio(cid:374) is o(cid:374)e of (cid:862)first i(cid:373)pressio(cid:374)(cid:863) Merely because goods expensive does not mean consumer more attentive. Crts should keep out unneccessary, irrelevant and distracting expert evidence. Services is it is used or displayed in the performance or advertising of those services. Are manufactured, sold, leased, hired or performed by the same person, whether or not the wares or services are of the same general class. Inherent distinctivness of the tm or tradenames and the extent to which they have become known. Length of time the tms or trade names have been in use. The nature of the wares, services, or business.
