Puma SE v. Caterpillar Inc., 2023 FCA 4

Justice Boivin; Justice de Montigny; Justice Woods - 2023-01-10

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Puma challenges the decision 2021 FC 974. The Judge allowed an appeal brought by Caterpillar from a decision of the Trademarks Opposition Board 2017 TMOB 114. The Judge accordingly refused Puma’s application for registration of its proposed mark, “procat”, pursuant to subsection 38(12) of the Trademarks Act. For the reasons that follow, I would dismiss Puma’s appeal. ... The issues to be addressed in this appeal are accordingly framed as follows: Did the Judge err in concluding that there is a likelihood of confusion, more particularly in finding that (a) inherent distinctiveness and the extent to which the parties’ marks are known favours Caterpillar; (b) the degree of resemblance factor favours Caterpillar; and (c) the surrounding circumstances do not favour Puma.

Decision relates to:


Canadian Intellectual Property