Multiplicant Inc. v. Petit Bateau Valton S.A.
T-2106-91
Joyal J.
23/3/94
10 pp.
Appeal from Opposition Board's decision rejecting application to register trade mark "Le Bateau Blanc" and design since very similar in presentation, sound and ideas it suggested to respondent's trade mark "Petit-Bateau"-Trade marks used in association with children's clothing and shoes and bed linen-Board did not err in concluding respondent still had right to object to registration application despite its earlier acquiescence in use of appellant's mark-Acquiescence in use of term or design not necessarily acquiescence in appellant obtaining similar trade mark-Question whether appellant's trade mark registrable-Under Trade-marks Act, s. 6(2) confusion between trade marks determined according to confusion which reasonable person with imperfect memory of mark might have-All circumstances surrounding application to register trade mark must be assessed-Period during which trade marks in use determining factor-Apparently no animosity between parties for fifteen years and "Le Bateau Blanc Inc." was retailer of respondent's items-Use of similar marks side by side over long periods reduces likelihood confusion will occur-Absence of proof of confusion for nearly twenty years-Mark including design of sailing ship mark with limited protection-Appeal allowed-Trade-marks Act, R.S.C., 1985, c. T-13, ss. 6(2),(5), 12(1)(d) (as am. by S.C. 1993, c. 15, s. 59), 56.