TRADE MARKS |
Registration |
Pierre Fabre Médicament v. Smithkline Beecham Corp.
T-2093-98
Pinard J.
29-3-00
10 p.
Appeal from Registrar of Trade-marks, decision refusing application for registration filed by applicant for trade mark "Ixel" in connection with antidepressants--Registrar refused application owing to risk of confusion between applicant's mark "Ixel" and respondent's mark "Paxil"--Only issue in dispute between parties whether reasonable risk of confusion between marks in question as of date of Registrar's decision--Additional evidence adduced by each party significant and important as it covered basic issue as to degree of resemblance between trade-marks in question, aspect of evidence considered deficient by Registrar--It clearly indicated no risk of confusion in relation to French pronunciation of trade-marks--Evidence no longer contradictory--In pronunciation of trade-marks, emphasis must be placed on first syllable, which creates dominant impression in public's mind--First syllable, of "Paxil" and "Ixel" must therefore assume greater importance than unaccented suffix, in assessing risk of confusion--Visually, as well, beginning of words must have preponderance--Both marks invented words and intrinsically distinctive, not conveying any particular idea and associated with identical products distributed through same channels--Respondent has failed to demonstrate trade-mark "Paxil" has become known in Canada as its trade-mark--Registrar's decision can no longer stand, since applicant has established no reasonable risk of confusion between its trade-mark "Ixel" and respondent's trade-mark "Paxil"--Appeal allowed.