Caterpillar Inc. v. Puma SE, 2021 FC 974
Justice Fuhrer - 2021-09-22
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Is the proposed trademark procat for footwear and headgear likely to be confused with the trademarks CAT & Triangle Design and CAT for the same and other goods? Is Puma entitled to the registration of procat in Canada? Is the trademark procat distinctive or adapted to distinguish Puma’s goods from those of Caterpillar? In rejecting Caterpillar’s opposition, the Trademarks Opposition Board [TMOB] said no to the first question and answered the second and third questions affirmatively. ... For the more detailed reasons that follow, I therefore allow Caterpillar’s appeal, set aside the TMOB’s decision and refuse Puma’s trademark application for procat.
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