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TRADE-MARKS - Opposition - Grounds - Confusion - Totality of the marks test - Material dates

Friday, April 21, 2017 @ 10:40 AM  

Appeal by Benjamin Moore from a Federal Court decision relating to its trademark registration applications. Benjamin Moore applied to register two trademarks, the word mark BENJAMIN MOORE NATURA and a certain design mark, to be used in association with interior and exterior paints. Home Hardware opposed the applications, asserting that the marks were confusing with nine of Home Hardware’s trademarks that included the term “natura”. Seven of Home Hardware’s marks were registered design marks, while two were unregistered, with registrations pending. One mark, BEAUTI-TONE NATURA, was...