McDonald's Corp. v. Coffee Hut Stores Ltd.
A-278-94
Hugessen J.A.
5/6/96
4 pp.
Appeal from McKeown J.'s judgment allowing cross-appeal from Registrar's decision-Respondent applying for registration of trade mark "McBeans" in relation to business dealing in sale of coffee makers, accessories, coffee beans and tea-Registrar dismissing opposition except in relation to "coffee" and "tea" and related services-On appeal to McKeown J., appellants' opposition dismissed in all respects-Appellants arguing Trial Judge erred in looking at respondent's actual operations rather than application for proposed trade mark and in failing to give effect to evidence of appellant's use of "Mc(food)" marks and existence and acceptance of "McLanguage"-Appeal dismissed-Even if Judge limited to reading of application, could not possibly have concluded anything in nature of restaurant or fast food business contemplated-Further, evidence of actual use also relevant-On authority of McDonald's Corp. v. Silcorp Ltd. (1989), 24 C.P.R. (3d) 207 (T.D.), creation of "family" of names by process of bastardization involving joining in one word of Gaelic "Mac" or "Mc" with species of fast food or other nouns, verbs and adjectives cannot preclude use of prefixes as separate words either standing alone or in combination with other words.