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Molson Canada v. Anheuser-Busch, Inc.
T-633-01
2003 FC 1286, O'Keefe J.
5/11/03
20 pp.
Appeal by Molson Canada (Molson or appellant), pursuant to Trade-marks Act (Act), s. 56, from decision of Registrar of Trade-marks (Registrar) rejecting appellant's opposition to registration, by Anheuser-Busch, Inc. (Anheuser or respon-dent), of trade-mark application for "Michelob Golden Draft" --Molson seeking order allowing appeal and reversing decision of Registrar and holding respondent's trade-mark "Michelob Golden Draft" not registrable and not distinctive and respondent not person entitled to registration of trade-mark--By decision dated February 16, 2001, Registrar rejected Molson's opposition to registration of trade-mark, finding facts relied upon by Molson did not support ground of non-compliance with Act, s. 30(i)--No evidence adduced by Molson supporting allegation Anheuser did not intend to use applied-for trade-mark as alleged or at all--Registrar found Anheuser's evidence not inconsistent with claim that it intended to use trade-mark "Michelob Golden Draft" in Canada--Regarding s. 30(d) issue, Registrar found evidence Anheuser has used trade-mark "Michelob Golden Draft" in United States, and as such, dismissed this aspect of second ground of opposition--Remaining grounds of opposition all turned on issue of confusion--Registrar stated "no reasonable likelihood of confusion between applicant's trade-mark and any of opponent's registered trade-marks"--This appeal and appeal in Court file number T-632-01 based on similar facts and legal issues--This appeal relates to Molson's opposition to Anheuser's registration of trade-mark "Michelob Golden Draft" in association with beer--Appeal in Court file number T-632-01 relates to Molson's opposition to Anheuser's registration of trade-mark "Michelob Golden Draft & Design" in association with beer--Both appeals heard together-- Analysis and decision dated November 4, 2003 in Court file number T-632-01, with exception of reference to "A & Eagle Design" referred in paragraph 51 of those reasons adopted and incorporated in this decision (with necessary trade-mark name changes--Appeal dismissed--Trade-marks Act, R.S.C., 1985, c. T-13, ss. 30 (as am. by S.C. 1993, c. 15, s. 64; 1994, c. 47, s. 198), 56.