Molson Companies Ltd. v. John Labatt Ltd.
A-118-90
Létourneau J.A.
30/11/94
4 pp.
Appeal from Trial Division decision dismissing opposition to registration of respondent's trade mark "Winchester Gold"-Words "gold" and "golden" adjectives merely descriptive of categories of beers to which given brand belongs-Trade mark to be looked at as a whole-Not sufficient to look at one of elements, especially when element merely descriptive-Trade marks "Molson Golden" and "Winchester Gold" sufficiently distinctive of each other as to avoid confusion-Respondent merely using descriptive word (Gold) found in opponent's trade mark, not trade mark itself (Molson Golden)-Appeal dismissed.
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