Toys "R" Us ( Canada ) Ltd. v. Babies-R-Us Inc.
T-770-91
Jerome A.C.J.
19/11/92
4 pp.
Appeal from Registrar's rejection of opposition to registration of "Babies-R-Us" as trade mark for use in association with photographic services -- Registrar holding appellant not establishing confusion as its mark inherently weak (highly suggestive of wares and services) and initial portion of marks different -- Applying test of first impression, imperfect recollection -- Appeal dismissed -- That both marks contain element "R Us" insufficient to conclude marks confusing -- Effect of trade mark as whole must be considered -- Registrar applied test required by Trade-marks Act, R.S.C., 1985, c. T-13.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.