TRADE-MARKS
Registration
Appeal from Trade‑marks Opposition Board decision ((2004) 40 C.P.R. (4th) 553) rejecting opposition to registration of respondent’s “Bojangles Café” trade‑mark— Board applied erroneous evidentiary standard to determine whether applicants’ mark known sufficiently in Canada to negate distinctiveness of respondent’s mark—Correct standard: mark must be known to some extent at least to negate established distinctiveness of another mark, and its reputation in Canada should be substantial, significant or sufficient—Applicants unable to show their trade‑mark known “to some extent at least” in Canada—Appeal dismissed.
Bojangles’ International, LLC v. Bojangles Café Ltd. (T‑1466‑04, 2006 FC 657, Noël J., judgment dated 31/5/06, 40 pp.)