BENJAMIN MOORE & CO. LIMITED v. HOME HARDWARE STORES LIMITED, 2017 FCA 53
Justice Dawson; Justice Rennie; Justice Woods - 2017-03-15
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Benjamin Moore & Co. Limited has applied under section 30 of the Trade-marks Act to register two trademarks: the word mark “BENJAMIN MOORE NATURA,” and a design mark. Both marks are to be used in association with interior and exterior paints. Home Hardware Stores Limited filed oppositions to the applications pursuant to section 38 of the Act. It asserts, among other things, that the Benjamin Moore marks are confusing with nine of Home Hardware’s trademarks that include the term “natura.” ... For the reasons below, I do not agree with Home Hardware that the Federal Court applied a proper mark to mark analysis and took into account the relevant material dates for each ground of opposition. ... The use of a family of marks does not obviate the need to undertake a full comparative confusion analysis on a mark to mark basis for each relevant ground of opposition.
Decision relates to:
- A-559-15 - BENJAMIN MOORE & CO. LIMITED v. HOME HARDWARE STORES LIMITED