Test For Confusion
Section 6(2) of the [Trademarks Act, R.S.C. 1985, c. T-13] indicates that use of a trade-mark causes confusion with another trade-mark if the use of both trade-marks in the same area would be likely to lead to the inference that the wares or services associated with those trade-marks are manufactured, sold, leased, hired or performed by the same person, whether or not the wares or services are of the same general class. The test for confusion is one of first impression and imperfect recollection.
Hershey Canada Inc. v. Gorham |
2012 CarswellNat 2743 (T.M. Opp. Bd.) at para. 18 |