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Canada Post Corp. v. Welcome Wagon Ltd.

T-797-96

Jerome A.C.J.

13/6/97

5 pp.

Appeal from Registrar of Trade-marks' decision rejecting appellant's opposition against application filed by respondent Welcome Wagon Ltd. to register trade mark "Wagon Post Ltd."-Appeal allowed-Respondent's mark confusing with several of appellant's trade marks and official marks "Canada Post", "Post Office", "Intelpost", "Mediaposte", "Mail Poste & Design", "Priority Post", "Postes prioritaires", "Priority Post Courier", "Telepost", "Envoypost", "Omnipost", "Poste Mail & Design", "Poste-Lettre", and "Priority Post-Postes prioritaires"-Canadian public therefore accustomed to associating trade marks and trade names incorporating word "Post" with appellant-Furthermore, as Canada Post trade marks and trade names all interrelated by ideas suggested, broader protection should be accorded to these marks-Finally, appellant's official marks and trade names have high degree of distinctiveness, both inherent and acquired.

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