Clorox Company of Canada, Ltd. v. Chloretec s.e.c., 2018 FC 408
Justice Grammond - 2018-04-16
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The applicant, The Clorox Company of Canada, Ltd. [Clorox] is appealing a decision by the Registrar of Trade-marks [the Registrar], who rejected its opposition to two applications for trademark registration filed by the respondent, Chloretec s.e.c. [Chloretec]. Clorox holds the registered trademark “Javex” and several other similar trademarks associated with bleach. Chloretec is applying to register the trademark “Javelo,” in both written and visual form, for made-to-order bleach (in French, “eau de Javel”). The main issue is whether there is confusion between Clorox’s marks and those of Chloretec. For the following reasons, I am of the view that there is no confusion and that the Registrar was right in rejecting Clorox’s opposition. The appeal is therefore dismissed.
Decision relates to:
- T-712-16 - THE CLOROX COMPANY OF CANADA, LTD. v. CHLORETEC S.E.C.
- A-141-18 - which is an appeal from this decision