Rothmans, Benson & Hedges Inc. v. R.J. Reynolds Tobacco Co.
T-237-92
Rothstein J.
3/3/93
6 pp.
Appeal under Trade-marks Act, s. 56(1) from Registrar of Trade-marks decision refusing application to register trade mark "The Mild One" for cigarette tobacco and cigarettes-Appellant disclaiming right to exclusive use of word "Mild" with respect to cigarette tobacco and cigarettes-New evidence filed herein not before Registrar-At least 10 similar trade marks registered in form sought by appellant-Appellant's mark as a whole distinctive-Registration in all other cases accepted-Appeal allowed-Trade-marks Act, R.S.C., 1985, c. T-13, ss. 12(1)(b), 35, 56(1).
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