Canada Trademark Search

$500.00

Buy a NUANS TM search to see the search that CIPO uses to evaluate trademark applications for confusing trademarks.

Description

Buy a Canada trademark search to find confusing trademarks that resemblance between the trademarks or trade names in appearance or sound or in the ideas suggested by them.

 

Definition of Confusing

Confusing, when applied as an adjective to a trade-mark or trade-name, means a trade-mark or trade-name the use of which would cause confusion in the manner and circumstances described in section 6.

 

Section 6 of the Trade-Marks Act, Revised Statutes of Canada 1985, as amended to 2015:

When is a Trademark or Trade name confusing?

  •  (1) For the purposes of this Act, a trade-mark or trade-name is confusing with another trade-mark or trade-name if the use of the first mentioned trade-mark or trade-name would cause confusion with the last mentioned trade-mark or trade-name in the manner and circumstances described in this section.

  • M

    (2) The 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 goods or services associated with those trade-marks are manufactured, sold, leased, hired or performed by the same person, whether or not the goods or services are of the same general class.

  • Idem

    (3) The use of a trade-mark causes confusion with a trade-name if the use of both the trade-mark and trade-name in the same area would be likely to lead to the inference that the goods or services associated with the trade-mark and those associated with the business carried on under the trade-name are manufactured, sold, leased, hired or performed by the same person, whether or not the goods or services are of the same general class.

  • Idem

    (4) The use of a trade-name causes confusion with a trade-mark if the use of both the trade-name and trade-mark in the same area would be likely to lead to the inference that the goods or services associated with the business carried on under the trade-name and those associated with the trade-mark are manufactured, sold, leased, hired or performed by the same person, whether or not the goods or services are of the same general class.

  • What to be considered

    (5) In determining whether trade-marks or trade-names are confusing, the court or the Registrar, as the case may be, shall have regard to all the surrounding circumstances including

    • (a) the inherent distinctiveness of the trade-marks or trade-names and the extent to which they have become known;

    • (b) the length of time the trade-marks or trade-names have been in use;

    • (c) the nature of the goods, services or business;

    • (d) the nature of the trade; and

    • (e) the degree of resemblance between the trade-marks or trade-names in appearance or sound or in the ideas suggested by them.

  • R.S., 1985, c. T-13, s. 6;
  • 2014, c. 32, s. 53.