American Association of Retired Persons v. Canadian Association of Retired Persons
T-638-97
Reed J.
10/12/98
19 pp.
Appeal from Registrar's decision rejecting opposition of American Association of Retired Persons (AARP) to registration of trade-mark CARP & Design by Canadian Association of Retired Persons (CARP) for use in association with (1) operation of association promoting rights of Canadians 50 years or older and (2) providing assistance to Canadians 50 years or older to obtain special rates, discounts and services from general business community-Registrar found CARP had used its trade-mark in association with first service at claimed date of first use, but not second-Registrar also granted registration of mark in association with general interest periodicals, newspapers and pamphlets directed to retired persons, but not magazines-Appellant argued finding concerning first service incorrect; on cross-appeal CARP argued Registrar incorrect in finding concerning second service-Appellant also argued Registrar erred in finding no confusion with appellant's trade-mark and that CARP's mark distinctive as of date of filing of opposition-Appeal dismissed, cross-appeal allowed-Evidence established use of trade-mark in association with both sets of services in its application by claimed date of first use-Court not persuaded evidence establishing use or making known of AARP as trade-mark in Canada prior to September 1985, but no need to reach final conclusion on point-No likelihood of confusion or lack of distinctiveness-Applicant and opponent different entities offering services to different members in different countries-Recognition of equivalency between parties due to similarity in corporate names rather than similarity in respective acronyms.