Skydome Corp. v. Toronto Heart Industries Ltd.
T-2491-95
Lutfy J.
10/3/97
6 pp.
Appeal from Registrar of Trade-marks' decision refusing appellant's application for registration of trade mark "Where The World Comes To Play" in respect of certain wares-Respondent opposed registration on basis of confusion with own "Toronto Come To Play" trade mark-Appeal treated as trial de novo-Appeal allowed-Both marks herein possess little inherent distinctiveness-Respondent's mark not strong and not having claim to wide ambit of protection-Therefore, even minor differences between marks should distinguish them-No substantial difference in length of time of use-Trade marks appear and sound different in entirety even though words "come to play" common to both-Marks quite different in appearance and way presented-No similarity between first word of each mark and unlikely to be confused by ordinary customer in sound or appearance-As matter of first impresssion, trade marks sufficiently dissimilar and unlikely to be confused-No evidence of confusion during years of use-Matter referred back to Registrar for redetermination on basis application for registration of trademark "Where The World Comes To Play" should be granted for all wares and services listed in application.