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masterpeice resume SUPREME COURT OF CANADA. Citation: Masterpiece Inc. v. Alavida Lifestyles Inc., 2011 SCC 27 , [2011] 2 S.C.R. 387. Alavida Lifestyles Inc. International Trademark Association.

Coram: McLachlin C.J. and Binnie, LeBel, Fish, Charron, Rothstein and Cromwell JJ. Reasons for Judgment: Rothstein J. (McLachlin C.J. and Binnie, LeBel, Fish, Charron and Cromwell JJ. concurring) Masterpiece Inc. v. Alavida Lifestyles Inc. , 2011 SCC 27, [2011] 2 S.C.R. 7+ Recording Template | Timeline Template? 387. Masterpiece Inc. Appellant. Alavida Lifestyles Inc.

Respondent. International Trademark Association Intervener. Indexed as: Masterpiece Inc. Pieces Slides? v. Alavida Lifestyles Inc. 2010: December 8; 2011: May 26. Present: McLachlin C.J. and Binnie, LeBel, Fish, Charron, Rothstein and Cromwell JJ. on appeal from the 7+ Recording Template | Timeline Template, federal court of appeal. Intellectual property — Trade?marks — Confusion — Alberta company using unregistered trade?marks prior to Ontario company’s registration of similar trade?mark — Alberta company applying to expunge Ontario company’s trade?mark registration from register of trade?marks — Whether location where mark used is relevant to confusion analysis — What considerations are applicable in Aid Appeal Letter. Student Aid Appeal, assessment of resemblance between proposed use trade?mark and 7+ Recording Contract Template | Timeline Template, existing unregistered trade?mark — How nature and cost of wares or services affects confusion analysis — Use of expert evidence in confusion analysis — Trade?marks Act, R.S.C. 1985, c. T?13, ss. 6 , 16(3) , 17 , 19 , 20 , 21 , 30 , 35 , 40(2) , 57(1) . Masterpiece Inc. and Alavida Lifestyles Inc. (“Alavida”) are both involved in Sample - 7+ Documents In Pdf, the retirement residence industry. Since 2001, Masterpiece Inc., operating in Alberta, has used several unregistered trade?marks, including “Masterpiece the Art of Living”. Alavida, operating in Ontario, entered the market in 2005 and applied to register the trade?mark “Masterpiece Living” on Template | Timeline Template December 1, 2005 on the basis of a proposed use.

Alavida began using this trade?mark in January 2006. Shortly after Alavida’s application, Masterpiece Inc. Marketing | ~business~? also began using “Masterpiece Living” and applied to register it and the word “Masterpiece” as its trade?marks in 2006. Because of Alavida’s prior application, which was eventually granted, Masterpiece Inc.’s applications were denied. Masterpiece Inc.’s subsequent application to expunge Alavida’s registration was dismissed by the trial judge who concluded that there was no likelihood of confusion between Alavida’s and Masterpiece Inc.’s marks. That decision was upheld on appeal. Held : The appeal should be allowed and Alavida’s registration should be expunged. This case concerns the basic approach and criteria applicable to the confusion analysis and in Contract | Timeline, particular, whether there was a likelihood of confusion between Alavida’s trade?mark and Masterpiece Inc.’s trade?name and trade?marks pursuant to s. 6 of the Trade?marks Act . 6 Estate Must-Haves? The test is whether, as a matter of first impression, the “casual consumer somewhat in a hurry” who encounters the Alavida trade?mark, with no more than an imperfect recollection of Contract Template, any one of the Masterpiece Inc. trade?marks or trade?name, would be likely to think that Alavida was the same source of retirement residence services as Masterpiece Inc. Section 6(5) sets out the required approach to a confusion analysis. Marketing | Pinterest | Marketing Resume? All surrounding circumstances must be considered, including: (a) the inherent distinctiveness of the trade?marks or trade?names and extent to which they have become known; (b) the length of time the trade?marks or trade?names have been in use; (c) the nature of the wares, services or business; (d) the nature of the trade; and (e) the degree of resemblance between the trade?marks or trade?names in appearance or sound or in the ideas suggested by 7+ Recording Contract Template them.

The first issue to be determined is whether the location where a mark is used is relevant when considering the likelihood of confusion between a registered trade?mark and a prior unregistered one. Generally, pursuant to Marketing | ~business~ Resume, s. Contract? 19 , the owner of a registered trade?mark is entitled to the exclusive use of that mark throughout Canada. The test for Aid Appeal Sample, confusion is 7+ Recording | Timeline based upon the hypothetical assumption that the Puzzle Pieces Powerpoint Templates,, trade?names and trade?marks are used “in the same area”, irrespective of whether this is actually the case. In order for the owner of a registered trade?mark to have exclusive use of the trade?mark throughout Canada, there cannot be a likelihood of confusion with another trade?mark anywhere in the country. For this reason, the location where the marks were actually used is 7+ Recording Contract | Timeline Template not relevant.

The second question involves the considerations applicable in the assessment of the resemblance between a proposed use trade?mark and an existing unregistered trade?mark. It is the use of a trade?mark and not registration itself that confers priority of title and the exclusive right to the trade?mark. Rights are granted to the first user of Financial Sample, a trade?mark in two ways under the Act. First, under s. 16, a party normally gains a priority right to register a trade?mark when it first uses that trade?mark. Second, a user is 7+ Recording Contract | Timeline also able to Puzzle Frame Templates, And Graphics, oppose applications, or apply to expunge registrations based on its earlier use of a confusing trade?mark. Section 16(3) of the Act recognizes the right of a prior user against any application for registration based upon subsequent use.

Masterpiece Inc. could apply to expunge Alavida’s trade?mark pursuant to Template, s. 16(3) of the Act on the grounds of likelihood of confusion between Alavida’s trade?mark and any of its trade?marks that had been in use before December 1, 2005. Further, Masterpiece Inc. was entitled to Planning Must-Haves, have each of its marks separately compared to Alavida’s “Masterpiece Living”. The trial judge erred in undertaking a single composite analysis, considering resemblance between “Masterpiece Living” and all of 7+ Recording Contract | Timeline Template, Masterpiece Inc.’s trade?marks and trade?name generally. Self? Most confusion analyses should commence with an assessment of the resemblance between the marks in issue. The trial judge erred in considering Alavida’s actual use of its mark rather than addressing the entire scope of exclusive rights and potential uses that were granted to Alavida under its registration. 7+ Recording Contract Template | Timeline Template? His approach did not recognize that Alavida was entitled to use the protected words in any form including a format that closely resembled Masterpiece Inc.’s marks. Here, because Alavida’s proposed trade?mark is only the words “Masterpiece Living”, the difference or similarity with each of Masterpience Inc.’s trade?marks and trade?name must be assessed on the basis of these words alone. The striking or unique aspect of each trade?mark is the word “Masterpiece”. Persuasive - 7+? The idea evoked by each is 7+ Recording Template | Timeline Template also the same: high quality retirement lifestyle. Clearly, there is a strong resemblance between “Masterpiece the Art of Marketing #resume, Living” and “Masterpiece Living”. A third issue is what effect the nature of the business and cost of the wares or services has in the confusion analysis.

Here, the trial judge erred in considering that consumers of expensive goods and services would generally take considerable time to inform themselves about the source of those goods and services to suggest a reduced likelihood of confusion. Confusion must instead be assessed from the perspective of the 7+ Recording Template | Timeline Template, first impression of the consumer approaching a costly purchase when he or she encounters the trade?mark. The possibility that careful research could later remedy confusion does not mean that no confusion ever existed or that it would not continue to exist in the minds of consumers who did not carry out that research. The trial judge’s consideration should have been limited to how a consumer, upon encountering the Alavida mark in the marketplace, with an imperfect recollection of the Masterpiece Inc. marks, would have reacted. In circumstances where a strong resemblance suggests a likelihood of Financial Aid Appeal Sample, confusion, and the other s. 6(5) factors do not point strongly against a likelihood of confusion, cost is unlikely to lead to a different conclusion.

A final issue is the role of expert evidence in 7+ Recording Contract Template, the trade?mark confusion analysis. Generally, an Sample Persuasive Speech - 7+, expert should only be permitted to testify if the testimony is likely to | Timeline, be outside the experience and knowledge of the judge. Where the “casual consumer” is not particularly knowledgeable and there is a resemblance between the marks, expert evidence that simply assesses that resemblance will not usually be necessary. Judges should consider the Aid Appeal Aid Appeal Letter, marks at issue, each as a whole, but having regard to the dominant or most striking or unique feature of the trade?mark, using their own common sense, to determine whether the casual consumer would be likely to be confused when first encountering the trade?mark. In this case, Alavida’s expert engaged in a discussion of morphology and semantics instead of considering the marks as a whole. Contract Template | Timeline Template? He also based his analysis on Alavida’s actual post?registration use, rather than the full scope of rights granted to Alavida under its registration. Aid Appeal Letter Sample? Masterpiece Inc.’s survey was similarly unhelpful because it attempted to simulate consumers with an “imperfect recollection” when none was available. For this reason, the Template | Timeline Template, survey was not a valid assessment of the relevant question. Judges should be careful to question the necessity and relevance of such evidence, perhaps as part of a case management process, particularly in light of the substantial cost of evidence that may be of little utility.

Considering all the Sample Persuasive Documents In Pdf, circumstances of the case, and particularly the 7+ Recording Template, strong similarity between Alavida’s “Masterpiece Living” and Masterpiece Inc.’s “Masterpiece the Speech, Art of Living”, Masterpiece Inc. has proven that the 7+ Recording Contract Template Template, use of Alavida’s trade?mark in the same area as those of Masterpiece Inc.’s would be likely to lead to the inference that the services associated with Masterpiece Inc.’s trade?marks were being performed by Alavida. Because Masterpiece Inc.’s use preceded Alavida’s proposed use, Alavida was not entitled under s. 16(3) to registration of its trade?mark and it should be expunged from the register. Applied: Mattel, Inc. | Cafe Menuboards | Pinterest? v. 3894207 Canada Inc. 7+ Recording | Timeline Template? , 2006 SCC 22, [2006] 1 S.C.R. 772; Veuve Clicquot Ponsardin v. Boutiques Cliquot Ltee , 2006 SCC 23, [2006] 1 S.C.R. 824; Housen v. Nikolaisen , 2002 SCC 33, [2002] 2 S.C.R. 235; Hollis v. Dow Corning Corp. , [1995] 4 S.C.R. 634; considered: R. v. Mohan , [1994] 2 S.C.R.

9; Ultravite Laboratories Ltd. v. Whitehall Laboratories Ltd. , [1965] S.C.R. 734; esure Insurance Ltd. Marketing | Pinterest? v. Direct Line Insurance plc , 2008 EWCA Civ 842, [2008] R.P.C. 34; General Electric Co. v. 7+ Recording Template | Timeline Template? The General Electric Co. Ltd. Letter. Aid Appeal Letter? , [1972] All E.R. 507; referred to: Partlo v. Todd (1888), 17 S.C.R.

196; Benson Hedges (Canada) Ltd. v. St. Regis Tobacco Corp. Template Template? , [1969] S.C.R. #resume | ~business~ | Pinterest Resume? 192; Leaf Confections Ltd. v. Maple Leaf Gardens Ltd . (1986), 12 C.P.R. (3d) 511, aff’d (1988), 19 C.P.R. (3d) 331; Mr. Submarine Ltd. v. Amandista Investments Ltd. , [1988] 3 F.C. 91; Conde Nast Publications Inc. v. Union des editions modernes (1979), 46 C.P.R. (2d) 183; General Motors Corp. v. Bellows , [1949] S.C.R. 678. Statutes and Regulations Cited.

Trade-marks Regulations , SOR/96?195 . Gill, Kelly, and R. Scott Jolliffe. Fox on Canadian Law of Trade?marks and Unfair Competition , 4th ed. Toronto: Carswell, 2002 (loose-leaf updated 2006, release 2). Hughes, Roger T., and Toni Polson Ashton. Hughes on Trade Marks , 2nd ed.

Markham, Ont.: LexisNexis, 2005 (loose?leaf updated 2010, release 22). Shorter Oxford English Dictionary on Historical Principles , 5th ed. Oxford: Oxford University Press, 2002, “resemblance”. Vaver, David. Intellectual Property Law: Copyright, Patents, Trade?marks , 2nd ed. Toronto, Ont.: Irwin Law, 2011. APPEAL from a judgment of the Federal Court of Appeal ( Sexton, Layden?Stevenson and 7+ Recording | Timeline Template, Trudel, JJ.A.), 2009 FCA 290, [2010] 4 F.C.R.

243, 397 N.R. 180, 78 C.P.R. (4th) 243, 312 D.L.R. (4th) 532, [2009] F.C.J. No. 1263 (QL), 2009 CarswellNat 3122, affirming a decision of O’Reilly J., 2008 FC 1412, 338 F.T.R. 168, 72 C.P.R. (4th) 160, [2008] F.C.J. No. 1826 (QL), 2008 CarswellNat 4970. Appeal allowed. W. Clarke Hunter , Q.C. , Kelly Gill and Brandon Potter , for the appellant. Scott Miller , Sharon Griffin and Heather Gallant , for the respondent. Daniel R. Bereskin , Q.C. , and Powerpoint Templates, Slides And Graphics, Mark L. Robbins , for 7+ Recording Template | Timeline, the intervener.

The judgment of the Court was delivered by. [1] Trade-marks in Canada are an important tool to assist consumers and businesses. In the marketplace, a business marks its wares or services as an indication of provenance. This allows consumers to Self Assessment Of Skills: A Lifelong Di Turgoose And, know, when they are considering a purchase, who stands behind those goods or services. In this way, trade-marks provide a “shortcut to get consumers to where they want to go”, per Binnie J. in 7+ Recording Template | Timeline Template, Mattel, Inc. v. 3894207 Canada Inc. , 2006 SCC 22, [2006] 1 S.C.R.

772, at para. 21. Where the trade-marks of Puzzle Pieces Frame Powerpoint Templates, And Graphics, different businesses are similar, a consumer may be unable to discern which company stands behind the wares or services. Template? Confusion between trade-marks impairs the objective of Pieces Frame Powerpoint Templates, Slides, providing consumers with a reliable indication of the expected source of wares or services. This case provides this Court with the opportunity of reviewing the | Timeline, basic approach and criteria applicable to a confusion analysis between competing trade-marks under the Trade-marks Act , R.S.C. 1985, c. T-13 (“Act ”). [2] The question in this case is whether the trade-mark “Masterpiece Living”, proposed and subsequently registered by Alavida Lifestyles Inc. Planning? (“Alavida”), a company entering the retirement residence industry in 7+ Recording Template | Timeline Template, Ontario, was then confusing with the unregistered trade-marks or trade-name previously used by 6 Estate Planning another company, Masterpiece Inc., in the retirement residence industry in Alberta.

[3] Masterpiece Inc. contends that Alavida’s trade-mark, on Contract Template | Timeline Template the date its application for registration was filed with the Canadian Intellectual Property Office, December 1, 2005, was confusing with Masterpiece Inc.’s trade-name and trade-marks. Sample - 7+ Documents? It argues that Alavida was not entitled to apply for registration of Template | Timeline, its mark because of its confusing similarity to Masterpiece Inc.’s trade-name and trade-marks, which were used prior to Alavida’s application. Thus, it argues, the registration is invalid and should be expunged. [4] Masterpiece Inc. was unsuccessful in the Federal Court (2008 FC 1412, 72 C.P.R. (4th) 160) and Federal Court of Puzzle Pieces Powerpoint Templates, Slides, Appeal (2009 FCA 290, [2010] 4 F.C.R. 423) and now appeals to this Court. [5] I am of the respectful opinion that the learned trial judge and the Federal Court of 7+ Recording Template | Timeline Template, Appeal in this case did not interpret and apply the criteria for determining confusion correctly. Upon a correct interpretation and application, I conclude that Alavida’s proposed trade-mark “Masterpiece Living” was confusing with at least one of | Cafe Menuboards, Masterpiece Inc.’s trade-marks when the 7+ Recording Contract Template | Timeline, registration application was filed on December 1, 2005. Therefore, Alavida was not entitled to Esquires-Coffee-Specialities-Menu | Pinterest, registration of 7+ Recording Template, its proposed mark. Because I have found confusion between one of Masterpiece Inc.’s trade-marks and 6 Estate Planning Must-Haves, Alavida’s mark, it is not necessary to 7+ Recording Template | Timeline Template, perform a confusion analysis between the other of Masterpiece Inc.’s trade-marks and its trade-name with Alavida’s mark.

I would allow the appeal and order the Registrar of Trade-marks to expunge Alavida’s registration from the register of trade-marks. [6] I should make clear that this decision deals only with the Persuasive Speech - 7+ Documents In Pdf, question of expungement of Alavida’s trade-mark registration for “Masterpiece Living”. Whether Masterpiece Inc. may register a trade-mark that comprises or includes the Contract Template | Timeline Template, word “Masterpiece” will now be a matter for Masterpiece Inc. and the Registrar. [7] Both Masterpiece Inc. and Assessment Of Skills: A Lifelong Process, Alavida operate in the retirement residence industry. Prior to December 2005, Masterpiece Inc. used several trade-marks which included the word “Masterpiece”, as well as its trade-name “Masterpiece Inc.”.

Alavida entered the market near the end of 2005 and applied to register the trade-mark “Masterpiece Living” to market its services. [8] Masterpiece Inc. was incorporated in 2001. In the years between 2001 and 2005, it undertook two retirement residence construction and operation projects in Alberta and began a third. 7+ Recording Contract Template Template? During this time, it used its corporate name, Masterpiece Inc., as a trade-name on materials including prospectuses, contracts and advertisements. [9] Concurrently, Masterpiece Inc. used several unregistered trade-marks which involved the word “Masterpiece” including “Masterpiece the Art of Living”, “Masterpiece the Art of Retirement Living”, and a stylized word “Masterpiece” alongside a butterfly logo. It also used other marks, including the trade-mark “Club Sierra”, in its advertisements. [10] Alavida, a subsidiary of Ashcroft Homes Inc., was incorporated on August 4, 2005. It applied to register the Menuboards | Pinterest, trade-mark “Masterpiece Living” on December 1, 2005, on the basis of a proposed use. The mark was registered unopposed on March 23, 2007. Since January 2006, Alavida has used “Masterpiece Living” as its trade-mark.

[11] Shortly after Alavida’s application, Masterpiece Inc. changed its branding slightly, and began using the very same trade-mark “Masterpiece Living”. The result of these almost simultaneous decisions was that, beginning in 2006, there were two Canadian companies, one operating in Alberta, another in Ontario, using the trade-mark “Masterpiece Living” in the retirement residence industry. [12] In January 2006, Masterpiece Inc. applied to register “Masterpiece” as a trade-mark, and in June 2006, it applied to Contract Template, register the trade-mark “Masterpiece Living”. As a result of 6 Estate, Alavida’s prior application, which was eventually granted, Masterpiece Inc.’s applications for 7+ Recording Contract | Timeline Template, both the trade-mark “Masterpiece Living” and Marketing | Marketing, the trade-mark “Masterpiece” were denied, as the 7+ Recording Template | Timeline, Registrar concluded that they were confusing with Alavida’s trade-mark “Masterpiece Living”. [13] On March 16, 2007, Masterpiece Inc. commenced this application to Esquires-Coffee-Specialities-Menu | Cafe Menuboards | Pinterest, expunge Alavida’s registration. It appears that Masterpiece Inc. did not oppose Alavida’s application. Contract? However, it was not argued that its failure to do so had any impact on the expungement proceedings.

III. Federal Court. [14] O’Reilly J. dismissed Masterpiece Inc.’s application to expunge the Alavida trade-mark. [15] He found that if Alavida’s trade-mark was confusingly similar to any trade-marks or trade-names that had previously been used, Alavida would not be entitled to Self Assessment Of Skills: Di Turgoose, the registration. He held that when considering whether a confusing mark was used prior to an application, “the relevant date is the date of filing of the application” (para. 7+ Recording Contract? 9). [16] The trial judge found that Masterpiece Inc. had shown “ some use” of the trade-name “Masterpiece” and related marks including the Sample Persuasive - 7+ Documents, word “Masterpiece” prior to 7+ Recording Template, Alavida’s application (at para.

19 (emphasis in original)), although he found the use was rather sporadic. He then considered whether there was a likelihood of confusion, under s. 6(5) of the Act , between Alavida’s trade-mark and these prior marks on Financial Letter. Sample the date of filing of Alavida’s application for registration. [17] In conducting the confusion analysis under s. 6(5) of the Act , he found that the word “Masterpiece” in Contract | Timeline Template, association with retirement residences or services was somewhat inherently distinctive (para. 41), but that there had been no acquired distinctiveness through use in any of Masterpiece Inc.’s marks on the relevant date (para. 42). On the Financial Letter. Aid Appeal Letter Sample, issue of the resemblance between the Contract, marks, the trial judge accepted observations made by one of Esquires-Coffee-Specialities-Menu | Pinterest, Alavida’s experts that Alavida’s post-registration use of its marks differed from Contract Template | Timeline, Masterpiece Inc.’s use of its marks, both in Letter. Student, design and in the focus of the advertisements. He found that although there was “obviously a degree of resemblance” as between the | Timeline, two companies’ marks, these differences in use served to reduce the Puzzle Pieces Frame Powerpoint And Graphics, likelihood of confusion (para. 46). He also observed that the choice of retirement residence was an 7+ Recording Template, important and Sample Persuasive Speech - 7+ In Pdf, expensive decision.

As a result, consumers could be expected to research their decisions carefully, which would also reduce the likelihood of confusion. [18] On the basis of these considerations, he concluded that Masterpiece Inc. had not established that there was a likelihood of confusion between its trade-name and trade-marks and Alavida’s registered trade-mark. IV. Federal Court of Appeal. [19] At the Template Template, Federal Court of Appeal, Sexton and Trudel JJ.A., writing for the court, dismissed Masterpiece Inc.’s appeal. [20] The Court of Appeal upheld the findings of the 6 Estate Must-Haves, trial judge that the relevant date for the confusion analysis was the date of filing of Alavida’s trade-mark application, December 1, 2005. This finding was then applied to reject evidence presented by Masterpiece Inc. Template? that by December 1, 2005, it had unexecuted plans to expand into the central Canadian market. The court found that the possibility of future confusion was not relevant to the assessment of confusion under the Act , and therefore Masterpiece Inc.’s intention to expand its operations into new markets was irrelevant. It stated, at para. 22:

At the date of filing of the respondent’s trade-mark, the appellant did not sell its product in the same market as the respondent. Planning Must-Haves? This Court need not consider the appellant’s plans for expansion after that date. [21] The balance of the Court of Appeal reasons also generally agreed with the trial judge’s approach to the confusion analysis, and found no palpable and | Timeline, overriding errors in his consideration of the 6 Estate Planning, evidence. Contract Template Template? Thus, it held that Alavida’s registration should be maintained and dismissed Masterpiece Inc.’s appeal. V. Issues on Appeal. [22] There are four issues for consideration by this Court: 1. Puzzle Frame Powerpoint? Is the location where a mark is | Timeline Template used relevant when considering the likelihood of A Lifelong Di Turgoose And, confusion between an applied for or registered trade-mark and a prior unregistered trade-mark or trade-name?

2. What considerations are applicable in the assessment of the resemblance between a proposed use trade-mark and an existing unregistered trade-mark? 3. When considering the “nature of the trade” under s. 6(5) of the Act , what effect does the nature and cost of the wares or services have on the confusion analysis? 4. When should courts take into account expert evidence in trade-mark or trade-name confusion cases? [23] Sections of the Act relevant to this appeal are reproduced in the Appendix at the conclusion of these reasons. A. Is the Location Where a Mark Is Used Relevant When Considering the Likelihood of Confusion Between an Applied for or Registered Trade-Mark and a Prior Unregistered Trade-Mark or Trade-Name? [24] In the Federal Court of Appeal, a major focus in the reasons was whether Masterpiece Inc.’s plan to expand into eastern Canada, which could lead it into direct competition with Alavida, was relevant to the determination of confusion. While those plans have now been executed, and Masterpiece Inc. is operating in 7+ Recording, the retirement residence industry in Quebec, on December 1, 2005, they were merely plans. [25] The Federal Court of Appeal concluded that these plans were not relevant.

However, in doing so, it distinguished several authorities which Masterpiece Inc. submitted to support the relevance of its plans. Some of these authorities suggested that the geographical location where two trade-marks are used or proposed to be used does not affect the likelihood of confusion. [26] Distinguishing these authorities could be seen as an acceptance that the geographical locale in which marks are used or proposed to Planning Must-Haves, be used is relevant for determining whether there is a likelihood of confusion. Contract Template? Indeed, in this Court, there was an intervention by the International Trademark Association which sought to address only this point. If it were true that geography was relevant, then Alavida could claim that there was no confusion between its marks and Masterpiece Inc.’s marks because on December 1, 2005, Masterpiece Inc. was only operating in Alberta, while it was operating in Ontario. [27] While it is not entirely clear that the Federal Court of Appeal’s reasons should be read as suggesting that geography is relevant, I would take this opportunity to - 7+ In Pdf, dispel any doubt on this point. [28] The Canadian trade-marks regime is national in scope. The owner of Contract | Timeline Template, a registered trade-mark, subject to a finding of invalidity, is entitled to the exclusive use of that mark in association with the wares or services to which it is | Cafe | Pinterest connected throughout Canada. Section 19 of the Template, Trade-marks Act provides: 19.

Subject to sections 21 , 32 and 67 , the registration of a trade-mark in respect of any wares or services, unless shown to be invalid, gives to the owner of the trade-mark the exclusive right to 6 Estate, the use throughout Canada of the trade-mark in respect of those wares or services. [29] With respect to confusion, ss. 6(1) and (2) of the Trade-marks Act provide: 6. (1) For the purposes of this Act , a trade-mark or trade-name is confusing with another trade-mark or trade-name if the use of the first mentioned trade-mark or trade-name would cause confusion with the last mentioned trade-mark or trade-name in the manner and circumstances described in this section. (2) The use of a trade-mark causes confusion with another trade-mark if the use of both trade-marks in the same area would be likely to Template Template, lead to the inference that the Sample Speech In Pdf, wares or services associated with those trade-marks are manufactured, sold, leased, hired or performed by the same person, whether or not the wares or services are of the same general class. Section 6(3) deals with trade-mark confusion with a trade-name and 6(4) with trade-name confusion with a trade-mark. In subsections (2), (3) and (4), the same formula is Template | Timeline Template used “ if the Self Process, use of both . . Template | Timeline? . in the same area would be likely to lead to the inference”. [30] It is Esquires-Coffee-Specialities-Menu | Cafe Menuboards | Pinterest immediately apparent from 7+ Recording Template Template, these words, “if the use of both . Financial Letter. Letter Sample? . . in Contract | Timeline Template, the same area”, that the test for confusion is based upon the hypothetical assumption that both trade-names and Marketing, trade-marks are used “in the same area”, irrespective of whether this is actually the case.

As a result, geographical separation in the use of otherwise confusingly similar trade-names and trade-marks does not play a role in this hypothetical test. 7+ Recording Contract Template? This must be the case, because, pursuant to s. 19 , subject to exceptions not relevant here, registration gives the owner the exclusive right to the use of the trade-mark throughout Canada. [31] In order for the owner of a registered trade-mark to have exclusive use of the trade-mark throughout Canada, there cannot be a likelihood of confusion with another trade-mark anywhere in the country. [32] Section 16(3) confirms this conclusion, stating that an applicant for a proposed mark will be entitled to registration unless at Aid Appeal Letter. Student Aid Appeal the date of filing the trade-mark it is confusing with a trade-mark or trade-name that had been previously used in Canada. Section 16(3) provides: (3) Any applicant who has filed an application in accordance with section 30 for registration of a proposed trade-mark that is registrable is entitled , subject to sections 38 and 40 , to secure its registration in respect of the wares or services specified in the application, unless at the date of filing of the application it was confusing with.

( a ) a trade-mark that had been previously used in Canada or made known in Canada by any other person; ( b ) a trade-mark in respect of which an application for registration had been previously filed in 7+ Recording Contract Template, Canada by Persuasive any other person; or. ( c ) a trade-name that had been previously used in Canada by any other person. [33] Whether in assessing trade-mark infringement under s. 19 or entitlement under s. 16, the test for 7+ Recording Contract Template | Timeline, likelihood of confusion is the same. Financial Aid Appeal? The application of the hypothetical test reflects the legislative intent to provide a national scope of 7+ Recording Template | Timeline Template, protection for Menuboards | Pinterest, registered trade-marks in Canada (see D. Vaver, Intellectual Property Law: Copyright, Patents, Trade-marks (2nd ed. | Timeline? 2011), at p. 536). B. What Considerations Are Applicable in the Assessment of the Self And, Resemblance Between a Proposed Use Trade-Mark and an Existing Unregistered Trade-Mark? [34] To clarify the 7+ Recording, proper approach to assessing the resemblance between a proposed use trade-mark and existing unregistered marks, it will be useful to address a number of issues: (1) the relationship between use and registration; (2) the test for confusion; (3) the necessity to consider each mark separately; (4) the approach to testing for resemblance; (5) the necessity to | Pinterest, consider the proposed use trade-mark according to its terms, rather than by its actual use; (6) the requirement to Contract | Timeline, assess the unregistered marks according to their actual use; and. (7) the resemblance between the trade-marks in issue. While these issues are relevant in Planning Must-Haves, this case, they are not intended to be an exhaustive list of all considerations that are relevant in assessing resemblance. (1) The Relationship Between Use and Registration.

[35] At the 7+ Recording Template | Timeline, outset, it is important to recall the Sample Persuasive Speech, relationship between use and registration of a trade-mark. Registration itself does not confer priority of title to Template Template, a trade-mark. Menuboards | Pinterest? At common law, it was use of a trade-mark that conferred the exclusive right to the trade-mark. While the Trade-marks Act provides additional rights to a registered trade-mark holder than were available at 7+ Recording Template | Timeline Template common law, registration is only available once the right to the trade-mark has been established by use. As explained by Marketing | Marketing Ritchie C.J. in Partlo v. Todd (1888), 17 S.C.R. 196, at p. 200:

It is Template | Timeline Template not the registration that makes the party proprietor of a trade-mark; he must be proprietor before he can register . Pieces Slides And Graphics? . . . [36] That principle established under Canada’s early trade-mark legislation continues under the Contract Template Template, present Act . Rights arising from use have been incorporated into the Act by granting rights to the first user of Sample Persuasive Documents In Pdf, a trade-mark in two ways. First, under s. 16 , a party normally gains a priority right to register a trade-mark when it first uses that trade-mark. Second, a user is also able to oppose applications or apply to expunge registrations based on its earlier use of 7+ Recording Contract Template, a confusing trade-mark. This explains why an unregistered trade-mark of Masterpiece Inc. can be the basis of a challenge to Marketing | Pinterest | Marketing, Alavida’s subsequent registration application. Section 16(3) of the | Timeline Template, Act recognizes the right of a prior user against 6 Estate Planning, any application for registration based upon subsequent use. 7+ Recording Contract | Timeline? Section 17(1) preserves that right, subject to certain limitations that are of no relevance here, where the trade-mark has been registered. [37] It should also be explained why Alavida’s application for a proposed trade-mark on Puzzle Pieces Frame Slides December 1, 2005, would preclude Masterpiece Inc.’s subsequent trade-mark applications based on actual use. As noted above, at common law, trade-mark protection only arose from actual use. However, under the current Trade-marks Act , the opportunity was created for 7+ Recording Contract Template, an applicant to claim priority as of the date the applicant files for a proposed but yet unused trade-mark.

Registration will, however, not occur unless the Marketing #resume | Pinterest | Marketing Resume, applicant subsequently provides a declaration demonstrating that the proposed trade-mark was actually used within the time specified in s. Contract Template | Timeline Template? 40(2) of the Sample Persuasive Speech Documents, Act . [38] In this case, Alavida did provide such a declaration, with the result that its priority claim as of December 1, 2005, the date it filed its registration application, precluded Masterpiece Inc. from obtaining registration of “Masterpiece Living”, the exact same trade-mark as Alavida, by a subsequent application based on use after December 1, 2005. Instead, it would have had to oppose Alavida’s application or would have to apply to expunge Alavida’s trade-mark registration on the grounds of 7+ Recording | Timeline, likelihood of confusion between Alavida’s trade-mark and its trade-marks or trade-name that had been in use before December 1, 2005. Because Masterpiece Inc. did not oppose Alavida’s application, which was granted, the only remedy open to Puzzle Frame Powerpoint, Masterpiece Inc. was to apply to have Alavida’s mark expunged. If successful, this remedy would allow Masterpiece Inc.’s application for registration of its own trade-marks to be considered on its merits by the Registrar of 7+ Recording Template Template, Trade-marks. (2) The Test for Confusion. [39] The question at the centre of Sample Speech - 7+ Documents In Pdf, this case is Template whether there was confusion between Alavida’s and Masterpiece Inc.’s trade-marks or trade-name in terms of Persuasive - 7+, s. 6 of the Act . In my respectful opinion, the learned trial judge erred in law when conducting the confusion analysis, and thereby erred in his conclusion that Masterpiece Inc. had not established confusion between its trade-name and trade-marks and Alavida’s now registered trade-mark. [40] At the outset of this confusion analysis, it is useful to bear in mind the test for confusion under the Trade-marks Act . In Veuve Clicquot Ponsardin v. Boutiques Cliquot Ltee , 2006 SCC 23, [2006] 1 S.C.R. 824, Binnie J. Contract Template? restated the traditional approach, at para. 20, in the following words:

The test to be applied is #resume | ~business~ Resume a matter of first impression in the mind of a casual consumer somewhat in a hurry who sees the [mark], at a time when he or she has no more than an imperfect recollection of the [prior] trade-marks, and does not pause to give the matter any detailed consideration or scrutiny, nor to examine closely the similarities and differences between the marks. Binnie J. referred with approval to the words of Pigeon J. in Benson Hedges (Canada) Ltd. Template | Timeline? v. St. Marketing #resume | Pinterest Resume? Regis Tobacco Corp. , [1969] S.C.R. 192, at p. 202, to contrast with what is not to be done — a careful examination of competing marks or a side by side comparison. [41] In this case, the question is whether, as a matter of 7+ Recording Template, first impression, the Puzzle Frame Templates, Slides And Graphics, “casual consumer somewhat in a hurry” who sees the Alavida trade-mark, when that consumer has no more than an Contract | Timeline, imperfect recollection of #resume | ~business~ | Pinterest Resume, any one of the Masterpiece Inc. trade-marks or trade-name, would be likely to be confused; that is, that this consumer would be likely to think that Alavida was the 7+ Recording Contract Template Template, same source of retirement residence services as Masterpiece Inc. (3) The Necessity to Consider Each Mark Separately. [42] As noted above, the basis for Masterpiece Inc.’s claim under s. 16(3) of the Act is that the trade-mark for which Alavida applied was confusing with any trade-mark or the Financial Aid Appeal Letter. Aid Appeal, trade-name it had used prior to Contract Template Template, December 1, 2005.

[43] Under s. 16(3), even one confusingly similar trade-mark or trade-name will invalidate Alavida’s registration. In pleading several potentially confusingly similar trade-marks and trade-names, Masterpiece Inc. presented several distinct bases for an invalidation of Alavida’s registration. [44] Section 6(5) of the Act sets out the required approach to a confusion analysis. Self Assessment Of Skills: Process? All surrounding circumstances must be considered including: ( a ) the inherent distinctiveness of the 7+ Recording Contract Template, trade-marks or trade-names and the extent to which they have become known; ( b ) the length of time the trade-marks or trade-names have been in use; ( c ) the nature of the wares, services or business; ( d ) the nature of the trade; and. ( e ) the degree of resemblance between the Persuasive Speech - 7+ Documents, trade-marks or trade-names in appearance or sound or in the ideas suggested by them. [45] Some of the s. | Timeline? 6(5) factors that guide the confusion analysis will be the same for each of the trade-marks and Puzzle, trade-name in | Timeline Template, this case. Esquires-Coffee-Specialities-Menu | Cafe Menuboards? For example, all of the Contract Template, evidence suggests that Masterpiece Inc. only engaged in the retirement residence industry and used all of | Pinterest | Marketing Resume, its marks in relation to that industry.

In others, each mark will have to be considered separately. For example, because the Masterpiece Inc. trade-marks are different in content from one another, and are different from the trade-name, it will be necessary to 7+ Recording Template, consider the similarity of Alavida’s proposed trade-mark, “Masterpiece Living”, to each of the Self Assessment Process Di Turgoose, trade-marks and trade-name for Contract | Timeline Template, which Masterpiece Inc. has established use. [46] The trial judge found that Masterpiece Inc. demonstrated that it had used the Puzzle Templates, Slides And Graphics, trade-name “Masterpiece” and the trade-marks “Masterpiece the Art of Retirement Living” and “Masterpiece the Art of Living”. Alavida’s application for 7+ Recording Contract Template | Timeline Template, registration was for | ~business~ | Pinterest | Marketing Resume, the trade-mark “Masterpiece Living”. It was therefore necessary to compare Alavida’s “Masterpiece Living” with each of Masterpiece Inc.’s trade-marks and trade-name separately. [47] However, instead of undertaking a separate resemblance analysis comparing each of Masterpiece Inc.’s marks and trade-name with Alavida’s mark, the trial judge undertook a single composite analysis. He only considered the issue of resemblance between “Masterpiece Living” and all of 7+ Recording, Masterpiece Inc.’s trade-marks and trade-name generally. At para. 46, he stated: There is obviously a degree of resemblance as between Masterpiece Inc.’s trade-name and marks and Alavida’s registered mark for “Masterpiece Living”. Self A Lifelong Process And? However, as part of the overall circumstances, I note that Alavida’s use of “Masterpiece Living” has been in the nature of a slogan accompanying its corporate identity.

By contrast, Masterpiece Inc. uses “Masterpiece” to identify the Template | Timeline, company itself, along with various other words and phrases of far lesser prominence, alongside a distinctive butterfly logo. These differences help reduce the likelihood of confusion. [Emphasis added.] [48] However, under ss. Esquires-Coffee-Specialities-Menu | Cafe Menuboards | Pinterest? 16(3) ( a ) and ( c ) of the Act , Masterpiece Inc. was entitled to assert, and have considered, any of the marks or trade-name that it had used prior to December 1, 2005, as a basis to challenge Alavida’s application for registration. In my opinion, the trial judge erred in not conducting the separate analysis required by the Act . Some of the expert evidence which treated Masterpiece Inc.’s trade-marks and trade-name as a whole instead of one by one (see, e.g., paras. 21-23 and 36), may have contributed to this error. (4) The Approach to Testing for Resemblance. [49] In applying the s. 6(5) factors to the question of confusion, the trial judge conducted his analysis in the order of the criteria set forth in 7+ Recording Template | Timeline Template, s. 6(5) , concluding with a consideration of the resemblance between the marks. While it is no error of law to Esquires-Coffee-Specialities-Menu, do so, the degree of 7+ Recording Template | Timeline, resemblance, although the last factor listed in s. 6(5) , is the statutory factor that is often likely to have the greatest effect on the confusion analysis (K. Gill and R. | ~business~ | Pinterest? S. Jolliffe, Fox on Canadian Law of Trade-marks and Unfair Competition (4th ed. (loose-leaf)), at p. 8-54; R. T. Hughes and T. P. Ashton, Hughes on Trade Marks (2nd ed. (loose-leaf)), at §74, p. 7+ Recording Contract Template | Timeline? 939). As Professor Vaver points out, if the marks or names do not resemble one another, it is unlikely that even a strong finding on the remaining factors would lead to a likelihood of confusion.

The other factors become significant only once the marks are found to be identical or very similar (Vaver, at p. 532). As a result, it has been suggested that a consideration of resemblance is where most confusion analyses should start ( ibid. | Pinterest? ). [50] I will therefore first review the trial judge’s consideration of the degree of resemblance of the Contract, marks. (5) The Necessity to Consider the Proposed Use Trade-Mark According to Its Terms, Rather Than by Its Actual Use. [51] In his analysis, the trial judge found that there was “obviously a degree of 6 Estate Planning, resemblance as between Masterpiece Inc.’s trade-name and marks and Alavida’s registered mark” (para. 46).

[52] It is clear from the trial judge’s reasons that he took into account Alavida’s actual use of its mark in 7+ Recording | Timeline, comparing the Alavida and Masterpiece Inc. marks. For convenience, I repeat a portion of para. 46 of Planning Must-Haves, his reasons: However, as part of the Contract Template, overall circumstances, I note that Alavida’s use of Marketing #resume | Pinterest | Marketing Resume, “Masterpiece Living” has been in the nature of 7+ Recording, a slogan accompanying its corporate identity. [53] In my opinion, the trial judge’s consideration of Alavida’s actual use of its mark was problematic. The difficulty is that it takes into account a single form of the trade-mark that Alavida used after the relevant date. This single use did not reflect the entire scope of exclusive rights that were granted to Alavida under its registration. As found by Binnie J. in Mattel , at Esquires-Coffee-Specialities-Menu Menuboards | Pinterest para. 53:

The appellant argued that the courts below erred in looking at the respondent’s actual operations rather than at the terms set out in its application for the proposed trade-mark. It is quite true that the proper focus is the terms of the application, because what is at issue is what the 7+ Recording Template Template, registration would authorize the respondent to do, not what the respondent happens to be doing at the moment. [54] Alavida’s registration process began on Pieces Powerpoint Slides December 1, 2005, with an 7+ Recording Template, application based on proposed use. At s. 30, the Act sets out what must be included in an application for registration. When submitting the application, an Speech - 7+, applicant is required to provide a formulation of its trade-mark in addition to various other pieces of information. The trade-mark on an application may simply be a word mark, or it may be a design, or it may be a word mark and design (for example, see the marks in Leaf Confections Ltd. v. Maple Leaf Gardens Ltd . (1986), 12 C.P.R. (3d) 511 (F.C.T.D.), aff’d (1988), 19 C.P.R. (3d) 331 (F.C.A.)). The application may identify the mark as being used only with particular colours: Trade-marks Regulations , SOR/96-195. 7+ Recording Contract | Timeline Template? An application may also contain disclaimers, or an applicant may be required by the Registrar to include disclaimers, to limit the scope of trade-mark rights: s. 35 of the Act . [55] In this case, Alavida’s registration (TMA 684,557) identifies the trade-mark that Alavida applied for and was subsequently registered — the words “Masterpiece Living”.

This trade-mark is identified only in a textual form. It would therefore permit Alavida to use the words “Masterpiece Living” in any size and with any style of lettering, color or design. As found by the Federal Court of Appeal in Mr. 6 Estate Planning? Submarine Ltd. v. Amandista Investments Ltd. , [1988] 3 F.C. 91: Nothing restricts the appellant from Contract, changing the colour of its signs or the style of lettering of “Mr. Submarine” or from engaging in a telephone and delivery system such as that followed by the respondent or any other suitable system for the sale of Financial Aid Appeal, its sandwiches.

Were it to make any of these changes its exclusive right to Contract Template | Timeline, the use of “Mr. Submarine” would apply just as it applies to its use in the appellant’s business as presently carried on. Must-Haves? Whether the respondent’s trade marks or trade names are confusing with the appellant’s registered trade mark must accordingly be considered not only Contract Template Template having regard to the appellant’s present business in Planning Must-Haves, the area of the respondent’s operations but having regard as well to whether confusion would be likely if the appellant were to operate in that area in any way open to it using its trade mark in | Timeline, association with the sandwiches or services sold or provided in the operation. Persuasive - 7+ Documents In Pdf? [Emphasis added; pp. 7+ Recording Contract Template? 102-3.] [56] When engaging in a confusion analysis, it is important to keep in mind that the exclusive rights granted by the Act refer to a registered trade-mark (ss. 19 , 20 and 21 ). Where a court is Planning Must-Haves called upon to decide if there is a likelihood of 7+ Recording Template | Timeline, confusion between that registered trade-mark and any registered or previously used unregistered trade-marks, the Marketing | ~business~ | Pinterest | Marketing, analysis should address the proposed trade-mark for which the registration was ultimately obtained. [57] If the trial judge had recognized that it was open to Alavida to use its trade-mark in any way within the scope of its registration, he would have had to conclude that the 7+ Recording Template, actual use by Alavida did not limit Alavida’s rights. Alavida was entitled to use the words in any form. [58] The problem with an Marketing Resume, analysis which takes into account limited use becomes apparent by observing that the bare words “Masterpiece Living” could be presented in many ways under the 7+ Recording, registration. Nothing would prevent Alavida from altering its advertising to highlight the word “Masterpiece” and give the word “Living” less prominence, just as Masterpiece Inc. had done, or from changing the font or style of lettering that it had used. [59] For this reason, it was incorrect in Persuasive Documents In Pdf, law to 7+ Recording Template Template, limit consideration to Alavida’s post-application use of its trade-mark to find a reduced likelihood of confusion.

Actual use is not irrelevant, but it should not be considered to the exclusion of potential uses within the Student Aid Appeal Letter, registration. For example, a subsequent use that is within the scope of a registration, and is the same or very similar to an existing mark will show how that registered mark may be used in a way that is confusing with an existing mark. (6) The Requirement to 7+ Recording | Timeline, Assess the Unregistered Marks According to Their Actual Use. [60] As for Masterpiece Inc., because its trade-marks were unregistered on December 1, 2005, it may only rely on those trade-marks that it had actually used and the trade-name under which it had been carrying on business, and #resume | ~business~ Resume, which had not been abandoned up to that date (see s. 17(1)). There is no suggestion of abandonment in this case (transcript, at 7+ Recording Contract | Timeline p. 17, lines 8-12). (7) The Resemblance Between the Trade-Marks in Issue. [61] In a case such as this, comparison can be approached by considering only those characteristics that define the relevant trade-marks or trade-name. It is 6 Estate Planning Must-Haves only these elements that will allow consumers to distinguish between the two trade-marks or between the trade-mark and the trade-name. Here, because Alavida’s proposed trade-mark is only the words “Masterpiece Living”, the 7+ Recording Contract | Timeline Template, difference between or similarity with each of Masterpiece Inc.’s trade-marks and Persuasive Speech - 7+ In Pdf, trade-name must be assessed only on the basis of these words alone. In my opinion, Alavida’s “Masterpiece Living” is closest to Masterpiece Inc.’s “Masterpiece the Art of Living”.

I think that comparing this Masterpiece Inc. trade-mark with the Alavida trade-mark is Template decisive. If Alavida’s mark is not likely to cause confusion with this Masterpiece Inc. mark, it is Student Letter Sample unnecessary to consider the other Masterpiece Inc. marks and Template, trade-name which are less similar to Frame Powerpoint Templates,, the Alavida trade-mark. Conversely, if Alavida’s trade-mark is found to be likely to cause confusion with this Masterpiece Inc. mark, it is unnecessary to test resemblance of Contract Template, its trade-mark with other Masterpiece Inc. trade-marks or its trade-name, although they may be relevant as part of the surrounding circumstances when likely confusion with the “Masterpiece the | Cafe Menuboards, Art of Living” trade-mark is considered. [62] Resemblance is defined as the quality of being either like or similar; see Shorter Oxford English Dictionary on Historical Principles (5th ed. 2002), at Template p. 2544, under the definition of “resemblance”. The term “degree of resemblance” in s. 6(5) ( e ) of the Esquires-Coffee-Specialities-Menu, Act implies that likelihood of confusion does not arise solely from identical trade-marks. “[D]egree of resemblance” recognizes that marks with some differences may still result in likely confusion. [63] The first word in 7+ Recording Template Template, both Alavida’s and Of Skills:, Masterpiece Inc.’s trade-marks is the identical word “Masterpiece”. 7+ Recording Contract | Timeline Template? It has been held that for Aid Appeal Letter. Aid Appeal Letter, purposes of distinctiveness, the Contract Template | Timeline, first word is Marketing #resume | Marketing important (see Conde Nast Publications Inc. v. Template? Union des editions modernes (1979), 46 C.P.R. (2d) 183 (F.C.T.D.), at p. 188, per Cattanach J.). [64] While the first word may, for | Pinterest, purposes of distinctiveness, be the 7+ Recording Template, most important in some cases, I think a preferable approach is to | Cafe Menuboards | Pinterest, first consider whether there is an aspect of the trade-mark that is particularly striking or unique.

Here there is nothing striking or unique about the word “Living” or the words “the Art of Living”. “Masterpiece” is the word that distinguishes Alavida and Masterpiece Inc. from other sources of retirement residence services. 7+ Recording Contract | Timeline Template? It is a reasonable conclusion that “Masterpiece” is the dominant word in Persuasive Speech - 7+ Documents, these trade-marks, and it is obviously identical as between Alavida and Masterpiece Inc. Contract | Timeline Template? By the Planning, same token, in the context of the 7+ Recording Contract Template Template, retirement residence industry, the idea evoked by the word “Masterpiece”, high quality retirement lifestyle, is the same for Sample Documents, both Alavida and Masterpiece Inc. Finally, the word “Living” is identical as between the Contract Template, Alavida and Masterpiece Inc. trade-marks. [65] Given these striking similarities, it is, in my respectful view, very difficult not to find a strong resemblance as a whole between the Esquires-Coffee-Specialities-Menu | Cafe | Pinterest, two, Masterpiece Inc.’s trade-marks and Alavida’s trade-mark. C. When Considering the “Nature of the Trade” Under Section 6(5) of the Act , What Effect Does the Nature and Cost of the 7+ Recording Template | Timeline, Wares or Services Have on the Confusion Analysis?

[66] A further difficulty is the trial judge’s consideration of the cost associated with a retirement residence. He found that consumers in the market for a retirement residence will take more care and ultimately will be less likely to be led astray by confusing trade-marks than if they were in the market for less expensive wares or services. In taking into account both the nature of the parties’ business under s. And Graphics? 6(5)( c ) and the “nature of the trade” under s. 6(5)( d ), the trial judge wrote: Turning to the nature of the business, both companies operate in the area of expensive retirement residences and services. People take considerable care in choosing a residence and selecting the company that will provide it. In these circumstances, consumers can be presumed to Contract, be less susceptible to Pieces Frame Templates, Slides And Graphics, confusion about the source of the goods or services they are seeking because they are unlikely to make choices based on first impressions. They will generally take considerable time to inform themselves about the source of expensive goods and services ( General Motors Corp. 7+ Recording Contract? v. Bellows , [1949] S.C.R. 678). [Emphasis added; para. 43.] [67] This Court has affirmed that consumers in the market for expensive goods may be less likely to be confused when they encounter a trade-mark, but the test is still one of “first impression”.

In his reasons, the trial judge used the importance and cost of expensive goods and services to change the likelihood of confusion test from one of first impression of a trade-mark to a test of consumers being “unlikely to make choices based on first impressions”. This approach is not consistent with the Sample Speech - 7+ Documents In Pdf, test for confusion under s. 6(5) which has been consistently endorsed by this Court, most recently in 7+ Recording Contract | Timeline, Veuve Clicquot . [68] While the hypothetical test for likelihood of confusion must be applied in Marketing #resume Resume, all situations, it is flexible enough to reflect the 7+ Recording Contract Template | Timeline Template, observation of Binnie J. in Mattel , at para. 58: When buying a car or a refrigerator, more care will naturally be taken than when buying a doll or a mid-priced meal . . . . [69] However, as one element of the broader hypothetical test, this care or attention must relate to the attitude of the consumer approaching an important or costly purchase when he or she encounters the trade-mark, not to the research or inquiries or care that may subsequently be taken. As Rand J. 6 Estate Planning Must-Haves? put it in General Motors Corp. v. 7+ Recording Template? Bellows , [1949] S.C.R. 678, at Self Process Di Turgoose And p. 692:

Do the words then in that situation [refrigerators] lend themselves to the errors of faint impression or recollection of the average person who goes to their market ? [Emphasis added.] [70] The focus of this question is the Template Template, attitude of a consumer in the marketplace. Properly framed, consideration of the nature of the wares, services or business should take into account that there may be a lesser likelihood of trade-mark confusion where consumers are in the market for expensive or important wares or services. The reduced likelihood of confusion is still premised on the first impression of Aid Appeal Letter, consumers when they encounter the marks in question. Where they are shopping for expensive wares or services, a consumer, while still having an imperfect recollection of a prior trade-mark, is likely to be somewhat more alert and aware of the trade-mark associated with the wares or services they are examining and its similarity or difference with that of the prior trade-mark. A trade-mark, as Binnie J. | Timeline? observed in Mattel , is a shortcut for consumers. That observation applies whether they are shopping for more or less expensive wares or services. [71] It is 6 Estate not relevant that, as the trial judge found, consumers are “unlikely to make choices based on first impressions” or that they “will generally take considerable time to inform themselves about the source of expensive goods and services” (para. 43). Both of these — subsequent research or consequent purchase — occur after the consumer encounters a mark in the marketplace.

[72] This distinction is important because even with this increased attentiveness, it may still be likely that a consumer shopping for expensive goods and services will be confused by the trade-marks they encounter. Careful research and deliberation may dispel any trade-mark confusion that may have arisen. However, that cannot mean that consumers of expensive goods, through their own caution and wariness, should lose the benefit of 7+ Recording Template | Timeline, trade-mark protection. Di Turgoose? It is confusion when they encounter the trade-marks that is relevant. Careful research which may later remedy confusion does not mean that no confusion ever existed or that it will not continue to exist in 7+ Recording Contract, the minds of consumers who did not carry out that research. [73] Indeed, before source confusion is remedied, it may lead a consumer to Puzzle Pieces Frame And Graphics, seek out, consider or purchase the wares or services from a source they previously had no awareness of or interest in. Such diversion diminishes the 7+ Recording Contract Template | Timeline Template, value of the goodwill associated with the trade-mark and business the consumer initially thought he or she was encountering in seeing the trade-mark. Leading consumers astray in this way is one of the evils that trade-mark law seeks to remedy. Consumers of expensive wares or services and | ~business~ | Pinterest | Marketing, owners of the associated trade-marks are entitled to trade-mark guidance and protection as much as those acquiring and selling inexpensive wares or services. [74] For these reasons, it was an error to discount the likelihood of confusion by considering what actions the Contract | Timeline, consumer might take after encountering a mark in the marketplace.

The trial judge should have instead limited his consideration to how a consumer, upon encountering the Alavida mark in the marketplace, with an imperfect recollection of the Masterpiece Inc. mark, would have reacted. Because consumers for expensive retirement residence accommodation may be expected to pay somewhat more attention when first encountering a trade-mark than consumers of less expensive wares or services, cost is not irrelevant. However, in circumstances where a strong resemblance suggests a likelihood of | Cafe, confusion, and the other s. 6(5) factors do not point strongly against 7+ Recording Contract Template, a likelihood of confusion, then the cost is Puzzle Powerpoint Templates, unlikely to lead to a different conclusion. D. When Should Courts Take Into Account Expert Evidence in 7+ Recording Template | Timeline Template, Trade-Mark Confusion Cases? (1) The Judge’s Role in Controlling the Admission of Marketing, Expert Evidence. [75] Tendering expert evidence in trade-mark cases is no different than tendering expert evidence in Contract | Timeline Template, other contexts. This Court in R. Self A Lifelong? v. | Timeline? Mohan , [1994] 2 S.C.R. 9, set out four requirements to be met before expert evidence is Menuboards accepted in a trial: (a) relevance; (b) necessity in Template | Timeline, assisting the trier of fact; (c) the absence of any exclusionary rule; and Self Process, (d) a properly qualified expert.

In considering the 7+ Recording Template Template, standard for the second of these requirements, “necessity”, the Court explained that an expert should not be permitted to testify if their testimony is not “likely to be outside the Speech, experience and knowledge of a judge”: This pre-condition is often expressed in terms as to whether the evidence would be helpful to the trier of fact. The word “helpful” is not quite appropriate and sets too low a standard. However, I would not judge necessity by Contract Template too strict a standard. What is required is that the opinion be necessary in the sense that it provide information “which is likely to be outside the experience and Speech - 7+, knowledge of a judge or jury”: as quoted by Dickson J. in R. v. Abbey , supra . As stated by Dickson J., the evidence must be necessary to enable the trier of fact to 7+ Recording Template | Timeline, appreciate the matters in issue due to their technical nature. [p.

23] [76] In light of the relatively extensive expert evidence in this case, and the difficulties with the evidence that I discuss below, I think it is timely to recall that litigation is costly. Courts must fulfil their gatekeeper role to Self A Lifelong Process And, ensure that unnecessary, irrelevant and 7+ Recording Template | Timeline Template, potentially distracting expert and survey evidence is not allowed to extend and | Cafe Menuboards, complicate court proceedings. While this observation applies generally, I focus particularly on trade-mark confusion cases, which is the subject of 7+ Recording Contract Template, this appeal. [77] If a trial judge concludes that proposed expert evidence is | Cafe unnecessary or irrelevant or will distract from the issues to be decided, he or she should disallow such evidence from being introduced. I will also suggest that proposed expert and survey evidence be a matter for consideration at the case management stage of proceedings so that if such evidence would not be admissible at trial, much of the cost of engaging experts and conducting surveys may be avoided. To explain my reasons, I turn to the expert evidence in this case.

(2) The Expert Evidence in Template, This Case Did Not Assist With the Confusion Analysis. [78] A significant part of the trial judgment, and Puzzle Pieces Frame Templates,, argument in this Court, was dedicated to the expert evidence submitted by 7+ Recording Template the parties. This evidence took two forms: expert testimony adduced by Planning Alavida on how a consumer is likely to 7+ Recording Template | Timeline Template, react when presented with the trade-marks, and Financial, a survey conducted by an expert for | Timeline Template, Masterpiece Inc. which was heavily critiqued by an expert for Alavida. [79] It is apparent that the expert evidence on either side was not particularly helpful. Significant portions of the evidence were contradictory and acrimonious. 6 Estate Planning? In the result, these disputes appear to have substantially distracted from the confusion analysis rather than assisting it. [80] The first problem was that much of the 7+ Recording, expert testimony did not meet the second Mohan requirement of being necessary. In a case such as this, where the “casual consumer” is not expected to be particularly skilled or knowledgeable, and there is a resemblance between the marks, expert evidence which simply assesses that resemblance will not generally be necessary.

And it will be positively unhelpful if the Speech - 7+ Documents In Pdf, expert engages in an analysis that distracts from the hypothetical question of likelihood of confusion at the centre of the analysis. [81] The evidence of one of 7+ Recording Template | Timeline, Alavida’s experts consisted in part of a discussion of morphology, semantics, rules of grammar and conventions of expression. This led him to conclude that in Powerpoint Templates, Slides, the case of Alavida’s “Masterpiece Living” trade-mark, the focus of the mark is on life and living, where living is the dominant element. On the 7+ Recording Template | Timeline Template, other hand, in the case of Masterpiece Inc.’s “Masterpiece the Art of Living”, his view was that “Masterpiece” is the focal point which he thought reduced the likelihood of confusion. [82] I have considerable difficulty understanding how this expert reached these conclusions on the basis of his analysis. If a conclusion is Letter. Student Aid Appeal Sample rational, an Template Template, expert must be able to Frame Templates,, explain the reasons for it. This is especially so where the opposite conclusion seems intuitively more likely. No such explanation was provided. The distinctive word is “Masterpiece” in both cases, not “Living”. “Masterpiece” is the first word in each trade-mark. The word “Living” appears in Contract Template, both the Masterpiece Inc. and Alavida trade-marks.

The idea of the trade-marks is the same. As discussed above, in this case, it is apparent that in the retirement residence industry, Alavida’s “Masterpiece Living” closely resembles Masterpiece Inc.’s “Masterpiece the Art of Living”. [83] Neither an expert, nor a court, should tease out and analyze each portion of a mark alone. Rather, it should consider the mark as it is encountered by the consumer — as a whole, and as a matter of first impression. In Ultravite Laboratories Ltd. v. Whitehall Laboratories Ltd. , [1965] S.C.R. 734, Spence J., in deciding whether the words “DANDRESS” and “RESDAN” for removal of dandruff were confusing, succinctly made the point, at pp. 737-38: “[T]he test to be applied is with the average person who goes into the market and not one skilled in semantics.” [84] However, considering a trade-mark as a whole does not mean that a dominant component in a mark which would affect the overall impression of an average consumer should be ignored: see esure Insurance Ltd. v. Puzzle Frame Powerpoint Templates, And Graphics? Direct Line Insurance plc , 2008 EWCA Civ 842, [2008] R.P.C. 34, at 7+ Recording Contract para.

45, per Arden L.J. This is Esquires-Coffee-Specialities-Menu | Cafe Menuboards because, while the consumer looks at the mark as a whole, some aspect of the mark may be particularly striking. That will be because that aspect is the most distinctive part of the Contract, whole trade-mark. In this case, contrary to the view of the expert, the most distinctive and dominant component of the marks in issue is in all cases the word “Masterpiece” because it provides the content and punch of the trade-mark. The word “Living” is bland by comparison.

[85] Another difficulty with this expert evidence is that it compared Masterpiece Inc.’s marks with Alavida’s trade-mark in the format and font in which it was used by Alavida subsequent to December 1, 2005. The expert did not, as was necessary in this case, consider any other presentation available to Alavida in accordance with its trade-mark registration. For example, as discussed above, nothing would preclude Alavida from using the same format and font as Masterpiece Inc. and giving prominence to the word “Masterpiece” in the same manner as Masterpiece Inc. This may have been what led the trial judge into the same error in concluding that the subsequent use by Alavida of Financial Aid Appeal Letter, its trade-mark was sufficiently different from Masterpiece Inc.’s trade-marks and trade-name that it would reduce the likelihood of confusion. [86] Another problematic example in the expert evidence relates to the expert’s reference to the cost and importance of the 7+ Recording Contract Template | Timeline, goods or services in Must-Haves, question. The expert expresses the | Timeline, opinion: As decision extend[s] from the shallow to the grave end of the decision spectrum, consumers exert a higher degree of consumer care and attention, increase their efforts to acquire information, engage in elaborate product search behaviours, and judge competing offers with elevated levels of scrutiny. Most importantly, as the degree of care exercised increases, the Marketing #resume | ~business~, likelihood of confusion decreases. Template? [A.R., vol.

II, at p. 75] [87] It is apparent that the expert was focusing on points in time after the Self Of Skills: Process Di Turgoose, consumer first encountered the Template | Timeline Template, trade-mark. As I have explained, subsequent research and care may unconfuse the consumer, but they do not detract from the confusion relevant for purposes of the Puzzle Frame Templates,, Trade-marks Act that occurred when the consumer first encountered the trade-mark. The expert made assumptions of law that were wrong, and his conclusions were therefore wrong. This may have diverted the trial judge from the correct legal test to apply when judging confusion. [88] In view of these and other difficulties with the expert evidence in this case, I think it may be useful to comment generally on the use of expert evidence in a confusion case. Contract Template | Timeline? In doing so, I have found guidance in the observations of Lord Diplock in Self A Lifelong Process Di Turgoose And, General Electric Co. v. The General Electric Co. Ltd. , [1972] 2 All E.R. 507 (H.L.). He distinguished between goods sold in 7+ Recording, a specialized market of sophisticated consumers engaged in a particular trade, e.g., large industrial electrical machinery, on the one hand, and In Pdf, those sold to the general public, on the other. Where the market is specialized, evidence about the special knowledge or sophistication of the targeted consumers may be essential to determining when confusion would be likely to arise.

However, where goods are sold to the general public for ordinary use, he explained, at p. 515: . . . the question whether such buyers would be likely to be deceived or confused by the use of the trade mark is a ‘jury question’. By that I mean that if the Template, issue had now, as formerly, to be tried by a jury, who as members of the general public would themselves be potential buyers of the goods, they would be required not only to consider any evidence of other members of the public which had been adduced but also to use their own common sense and to consider whether they would themselves be likely to be deceived or confused. [89] The question is not answered differently when the Student Sample, issue is determined by 7+ Recording Contract a judge. Lord Diplock wrote, continuing at p. 515: The judge’s approach to the question should be the same as that of a jury. He, too, would be a potential buyer of the goods. He should, of course, be alert to the danger of allowing his own idiosyncratic knowledge or temperament to Marketing #resume | ~business~ | Pinterest, influence his decision, but the whole of his training in the practice of the law should have accustomed him to this, and 7+ Recording | Timeline, this should provide the safety which in the case of Sample Persuasive Documents In Pdf, a jury is provided by their number. That in issues of this kind judges are entitled to give effect to their own opinions as to the likelihood of deception or confusion and, in 7+ Recording Contract, doing so, are not confined to the evidence of witnesses called at the trial is Self well established by decisions of this House itself. [Emphasis added.] [90] In esure , the same concern and caution was expressed about expert evidence of confusion. At para.

62, Arden L.J. stated: Firstly, given that the critical issue of confusion of any kind is to be assessed from the viewpoint of the average consumer, it is difficult to see what is gained from the evidence of an expert as to his own opinion where the tribunal is in a position to form its own view. Template | Timeline Template? That is Self Assessment Process And not to say that there may not be a role for an expert where the markets in question are ones with which judges are unfamiliar . . . . [91] In Ultravite , Spence J. was quite satisfied to express and apply his own view of the first impression of a trade-mark on the average consumer. At p. 738, he stated: In expressing my view, I am putting myself in the position of the average person going into the market to purchase a dandruff remover and hair tonic.

[92] I would endorse these comments about expert evidence and follow the approach of 7+ Recording, Spence J. in Ultravite, the Assessment, House of Lords in General Electric and the English Court of Appeal in esure . | Timeline Template? In cases of wares or services being marketed to the general public, such as retirement residences, judges should consider the marks at issue, each as a whole, but having regard to the dominant or most striking or unique feature of the trade-mark. They should use their own common sense, excluding influences of their “own idiosyncratic knowledge or temperament” to determine whether the casual consumer would be likely to be confused. [93] Surveys, on the other hand, have the potential to Sample Persuasive - 7+ Documents In Pdf, provide empirical evidence which demonstrates consumer reactions in the marketplace — exactly the question that the trial judge is 7+ Recording Contract Template Template addressing in a confusion case. This evidence is not something which would be generally known to a trial judge, and thus unlike some other expert evidence, it would not run afoul of the second Mohan requirement that the evidence be necessary. However, the use of survey evidence should still be applied with caution. [94] The use of consumer surveys in trade-mark cases has been recognized as valid evidence to inform the confusion analysis. As Binnie J. noted in Mattel , often the difficulty with survey evidence is whether it meets the Menuboards, first of the Mohan requirements: relevance.

At para. 45, he further divided the question of relevance into Template | Timeline Template two sub-issues: As to the usefulness of the results, assuming they are elicited by a relevant question, courts have more recently been receptive to such evidence, provided the survey is both reliable (in the sense that if the survey were repeated it would likely produce the same results) and valid (in the sense that the right questions have been put to the right pool of respondents in the right way, in 6 Estate Planning Must-Haves, the right circumstances to provide the information sought). [Emphasis added.] [95] In Mattel , the survey at issue was found to Template, be invalid, as it did not address the likelihood of confusion, only a “mere possibility, rather than a probability, of confusion” (para. 49). This was because the survey asked consumers whether they thought that the company that makes Barbie dolls “ might have anything to Assessment Of Skills: Di Turgoose, do with” a restaurant that used the trade-mark “Barbie’s” (para. 1 (emphasis in original)). [96] In this case, the Template | Timeline Template, problem is somewhat different. Unlike Mattel, Masterpiece Inc. had not yet established a presence in the community in which it operated. Thus, there were no casual or average consumers with “imperfect recollection” of Masterpiece Inc.’s marks to test.

As a result, the survey was based on a series of questions that attempted to establish a proxy for “imperfect recollection”, and only thereafter test how such customers would react when exposed to the second mark. This is not asking questions “in the right way, in the right circumstances” to elicit evidence of | Cafe Menuboards, how those with an imperfect recollection of Masterpiece Inc.’s marks would react to Alavida’s proposed mark. 7+ Recording Template | Timeline Template? For a survey to be valid, it seems elementary that there must be some consumers who could have an Pieces Frame Templates, Slides And Graphics, imperfect recollection of the 7+ Recording Contract Template | Timeline Template, first mark. Simulating an Persuasive Speech Documents, “imperfect recollection” through a series of lead-up questions to consumers will rarely be seen as reliable and valid. [97] While I would not absolutely foreclose the possibility that a party may devise a valid survey in a case where a trade-mark user has not established a sufficient presence in the marketplace for 7+ Recording Template, consumers to have formed an imperfect recollection of its trade-mark, I would venture that it is highly unlikely that such a survey would meet the Marketing | ~business~ | Marketing, requirements of reliability and validity.

[98] I do not know the exact circumstances in 7+ Recording Contract Template | Timeline Template, which the expert evidence was introduced in this case or what was requested of the trial judge, and there is no suggestion that the #resume Resume, trial judge erred in admitting it. Nonetheless, I think it is apparent, particularly with respect to the survey, that the evidence was of little assistance to the trial judge and indeed distracted from the required confusion analysis. [99] Where parties propose to introduce expert evidence, a trial judge should question the necessity and relevance of the evidence having regard to the Mohan criteria before admitting it. As I have already pointed out, if a trial judge concludes that the expert evidence is Template Template unnecessary or will distract from the issues to be decided, he or she should disallow such evidence from being introduced. [100] I would further suggest that it would be salutary to have a case management judge assess the admissibility and usefulness of proposed expert and survey evidence at an early stage so as to avoid large expenditures of resources on evidence of little utility. [101] As I have said, I do not know the 6 Estate Planning Must-Haves, exact pre-trial procedures in this case or whether the | Timeline Template, Federal Court generally includes the scope and methodology of proposed surveys within the case management process in trade-mark confusion cases. However, in making this recommendation I have had regard to a similar recommendation made by Arden L.J., at para.

63 of esure , where she observed that surveys can be costly and sometimes based on wrong questions and produce irrelevant or unhelpful responses, precisely the difficulty with the survey in this case. Sample Persuasive Speech Documents In Pdf? I have had regard to her recommendation for 7+ Recording Contract Template | Timeline Template, case management direction on proposed surveys in Pieces Powerpoint Slides And Graphics, making the 7+ Recording Template Template, recommendation outlined above. As she explained, at para. 64: My object of referring to this developing practice [case management directions] is to Pieces Frame Powerpoint Templates, And Graphics, give it wider publicity and to encourage practitioners in this field to use this mechanism, so that any waste of costs and court resources is minimised.

My object is the 7+ Recording Contract Template, same. VII. The Confusion Analysis. [102] The determination of whether a likelihood of source confusion exists is a fact-finding and inference-drawing exercise, and thus, appellate courts should generally defer to the trial judge’s fact findings and inferences, unless the facts and inferences were based on an error of law or constituted a palpable or overriding error of fact: Housen v. Nikolaisen , 2002 SCC 33, [2002] 2 S.C.R. 235. [103] In this case, three errors of law have been identified in the interpretation and application of the confusion analysis conducted by the trial judge. It is now necessary to consider whether the matter should be remitted to the trial judge for redetermination in accordance with these reasons, or whether this Court should make a fresh assessment of the evidence. In Hollis v. Dow Corning Corp. , [1995] 4 S.C.R.

634, at para. 33, this Court found: It is Persuasive well established that appellate courts have the jurisdiction to make a fresh assessment of the 7+ Recording Contract Template, evidence on the record where they deem such an Financial Letter. Student Aid Appeal Letter Sample, assessment to 7+ Recording Contract Template, be in the interests of justice and Puzzle Pieces Frame Powerpoint Slides, feasible on | Timeline Template a practical level . Planning? . . Template? . In Hollis , the “bulk of the critical evidence adduced at Sample - 7+ In Pdf trial was documentary, not testimonial” which made the reassessment feasible. Here, this Court has a similarly complete record on which to make a redetermination, having concluded that the expert evidence was of little or no use to the issue of confusion. In order to avoid further protracting the proceedings between these parties, I believe that the interests of 7+ Recording | Timeline Template, justice would be served by this Court finally deciding the matter. [104] Without repeating the | Cafe | Pinterest, findings above, there is no doubt that there is a strong resemblance between Masterpiece Inc.’s trade-mark, “Masterpiece the Art of Living” and Template | Timeline, Alavida’s trade-mark, “Masterpiece Living”.

In my opinion, a casual consumer observing the Alavida trade-mark and Puzzle Pieces Templates, Slides, having no more than an imperfect recollection of Masterpiece Inc.’s trade-mark would likely be confused into thinking that the source of the 7+ Recording Template, services associated with the Alavida trade-mark was one and the same as the source of the services associated with the Masterpiece Inc. trade-mark. The question now is whether any of the other circumstances reduce this likelihood of confusion to the point that confusion is Aid Appeal Aid Appeal Letter not likely to Contract | Timeline, occur. [105] As to Planning, the cost and importance of retirement residence services, such considerations are relevant. However, in 7+ Recording Contract Template, view of the close resemblance between the Sample - 7+ Documents, marks, even a consumer in the market for relatively expensive retirement residence accommodation would not likely recognize that Alavida’s “Masterpiece Living” signified a different source than Masterpiece Inc.’s “Masterpiece the Art of Living”. The ideas conveyed by both companies’ marks are the same. Looking at the marks as a whole and the dominant word “Masterpiece” in particular, there is little to dispel the consumer from thinking that the source of the marks was the same.

[106] As to the nature of the wares, services or businesses, Alavida has argued that the services it sought to provide were “up-market” while Masterpiece Inc. only provided “middle-market” services. This parsing of the services is too narrow. Contract Template? Alavida’s registration provides: Real estate development services, real estate management services, residential building construction services, dining services namely a dining room restaurant, housekeeping services, medical services namely medical clinic services, spa services, fitness services namely a fitness centre and Self Of Skills: Di Turgoose, concierge services. 7+ Recording Contract Template? [R.R., vol. Planning Must-Haves? I, at p. 210] [107] Nothing in this registration limits Alavida to the “up-market”.

Its registration would entitle it to use its trade-mark in the exact same market as that serviced by Masterpiece Inc. For the purpose of a confusion analysis, the services provided by the parties are essentially the same — retirement residence services. There is no justification for subdividing between “up-market” and “middle-market”. Consideration of the nature of the 7+ Recording Contract | Timeline Template, services involved, in my view, enhances the likelihood of confusion for the casual consumer. [108] The trial judge found that while the 6 Estate Must-Haves, term “Masterpiece” is a common word with wide use in describing goods and 7+ Recording Contract, services, its use in the retirement residence industry is somewhat distinctive in the sense that it is intended to distinguish the Assessment Of Skills: Process And, retirement residence services provided by its owner from the retirement residence services provided by 7+ Recording Template others. I agree with that finding. [109] As for acquired distinctiveness, the trial judge found that at the time the application was made, neither Masterpiece Inc. nor any of its trade-marks were particularly well known. While the evidence presented by Aid Appeal Aid Appeal Masterpiece Inc. was sufficient to establish that there had been use of 7+ Recording Template | Timeline, its trade-name and trade-marks, including “Masterpiece the Art of Living”, for Aid Appeal Student Letter Sample, the purposes of the Act , it did not rise to the level of 7+ Recording Template | Timeline Template, demonstrating any acquired distinctiveness. Marketing #resume Resume? I agree with the trial judge. [110] Finally, there is another potentially relevant surrounding circumstance.

As explained at 7+ Recording Contract Template para. | Pinterest | Marketing? 11 above, not long after Alavida’s application, Masterpiece Inc. 7+ Recording Template Template? applied to register both “Masterpiece” as well as “Masterpiece Living” for 6 Estate Planning Must-Haves, retirement residence services. These applications were rejected by the Registrar of 7+ Recording | Timeline, Trade-Marks because of Alavida’s existing application. [111] This refusal was founded on the observation that each of these marks submitted by Masterpiece Inc. was confusingly similar to Alavida’s proposed registration. For purposes of the confusion analysis in this case, Masterpiece Inc.’s application to register the mark “Masterpiece Living” is irrelevant since it had not used that precise word formula prior to December 1, 2005, when Alavida filed its application. Financial Aid Appeal Letter? However, the word “Masterpiece” had been the trade-name under which Masterpiece Inc. Contract Template Template? had carried on business prior to Persuasive Speech Documents, that date, and it was the dominant part of the “Masterpiece the 7+ Recording Contract Template, Art of Living” trade-mark. [112] Despite the Aid Appeal Aid Appeal Letter, fact that the trial judge noted the rejection of Masterpiece Inc.’s applications at the outset of his reasons, there is no indication that this evidence was taken into account in his confusion analysis. It is true that the trial judge was not conducting an appeal or judicial review of the reasonableness of the decision of the Registrar, owed no deference to the Registrar’s decision and was certainly not bound by it.

However, as a relevant surrounding circumstance under s. 6(5), I am of the 7+ Recording Template, opinion that the trial judge should have acknowledged the Registrar’s finding, which was diametrically opposite to his conclusion, in weighing the evidence before him. The Registrar’s decision supports a finding of likelihood of confusion between Alavida’s trade-mark and Masterpiece Inc.’s trade-name, and Financial Aid Appeal Letter Sample, thus the Contract Template, “Masterpiece the Art of Living” trade-mark. [113] Consideration of all the circumstances of the case, including the Frame Powerpoint Templates, And Graphics, factors set out in 7+ Recording Template, s. 6(5) of the Trade-marks Act and particularly that Alavida’s trade-mark “Masterpiece Living” and Masterpiece Inc.’s “Masterpiece the Art of Living” are very similar, leads to a finding that Masterpiece Inc. has proven that the use of A Lifelong Process And, Alavida’s trade-mark in the same area as those of 7+ Recording Contract, Masterpiece Inc.’s would be likely to lead to the inference that the services associated with Masterpiece Inc.’s trade-marks were being performed by Alavida. [114] Because Masterpiece Inc.’s use preceded Alavida’s proposed use, Alavida was not entitled under s. 16(3) to registration of its trade-mark. As a result, Alavida was not “the person entitled to secure the registration” of its trade-mark under s. Powerpoint Templates, And Graphics? 18(1) and this ground of invalidity has been made out. I would therefore allow the appeal with costs here and below and, pursuant to s. 57(1) of the Trade-marks Act , I would order the Registrar to Contract | Timeline Template, expunge this registration from the register of trade-marks. “confusing ”, when applied as an adjective to a trade-mark or trade-name, means a trade-mark or trade-name the Of Skills: A Lifelong And, use of which would cause confusion in the manner and 7+ Recording Contract Template, circumstances described in section 6 ; “distinctive”, in relation to a trade-mark, means a trade-mark that actually distinguishes the wares or services in association with which it is Assessment A Lifelong Process And used by Contract its owner from the wares or services of others or is adapted so to distinguish them; “proposed trade-mark” means a mark that is proposed to be used by a person for the purpose of distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by him from Pieces Frame Templates, Slides, those manufactured, sold, leased, hired or performed by others; “register” means the register kept under section 26; “registered trade-mark” means a trade-mark that is on the register; “Registrar” means the Registrar of Trade-marks appointed under section 63; ( a ) a mark that is used by a person for the purpose of Contract Template, distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by Puzzle Templates, Slides And Graphics others, ( b ) a certification mark, ( c ) a distinguishing guise, or.

( d ) a proposed trade-mark; “trade-name” means the name under which any business is carried on, whether or not it is the name of a corporation, a partnership or an individual; “use”, in relation to a trade-mark, means any use that by section 4 is deemed to be a use in association with wares or services; 4. (1) A trade-mark is deemed to be used in association with wares if, at the time of the transfer of the property in Contract Template, or possession of the wares, in the normal course of trade, it is marked on the wares themselves or on the packages in which they are distributed or it is in any other manner so associated with the wares that notice of the association is then given to the person to whom the property or possession is transferred. (2) A trade-mark is deemed to be used in association with services if it is used or displayed in the performance or advertising of those services. (3) A trade-mark that is marked in Canada on wares or on the packages in which they are contained is, when the wares are exported from Canada, deemed to be used in Canada in association with those wares. 6. (1) For the purposes of this Act , a trade-mark or trade-name is confusing with another trade-mark or trade-name if the Persuasive Speech Documents, use of the first mentioned trade-mark or trade-name would cause confusion with the last mentioned trade-mark or trade-name in the manner and circumstances described in this section. (2) The use of a trade-mark causes confusion with another trade-mark if the use of both trade-marks in the same area would be likely to lead to the inference that the wares or services associated with those trade-marks are manufactured, sold, leased, hired or performed by the same person, whether or not the | Timeline, wares or services are of the same general class. (3) The use of Assessment A Lifelong Process, a trade-mark causes confusion with a trade-name if the use of both the trade-mark and trade-name in the same area would be likely to lead to the inference that the Template, wares or services associated with the trade-mark and those associated with the business carried on under the trade-name are manufactured, sold, leased, hired or performed by the same person, whether or not the wares or services are of the same general class. (4) The use of a trade-name causes confusion with a trade-mark if the use of both the trade-name and trade-mark in | ~business~ | Pinterest | Marketing, the same area would be likely to lead to the inference that the wares or services associated with the business carried on 7+ Recording Contract Template under the trade-name and Esquires-Coffee-Specialities-Menu Menuboards | Pinterest, those associated with the trade-mark are manufactured, sold, leased, hired or performed by the same person, whether or not the wares or services are of the same general class. (5) In determining whether trade-marks or trade-names are confusing, the court or the Registrar, as the case may be, shall have regard to all the surrounding circumstances including. ( a ) the inherent distinctiveness of the trade-marks or trade-names and the extent to which they have become known; ( b ) the length of time the trade-marks or trade-names have been in use; ( c ) the Template, nature of the | Cafe Menuboards | Pinterest, wares, services or business; ( d ) the nature of the trade; and.

( e ) the degree of resemblance between the trade-marks or trade-names in appearance or sound or in the ideas suggested by them. 16. Contract Template Template? (1) Any applicant who has filed an application in accordance with section 30 for registration of a trade-mark that is Pieces Frame And Graphics registrable and that he or his predecessor in title has used in Canada or made known in Contract | Timeline, Canada in association with wares or services is entitled, subject to section 38, to Puzzle Pieces Frame Templates, Slides, secure its registration in respect of those wares or services, unless at the date on which he or his predecessor in title first so used it or made it known it was confusing with. ( a ) a trade-mark that had been previously used in Canada or made known in Canada by any other person; ( b ) a trade-mark in respect of which an application for registration had been previously filed in Canada by any other person; or. ( c ) a trade-name that had been previously used in Canada by any other person. (3) Any applicant who has filed an application in accordance with section 30 for registration of Template, a proposed trade-mark that is registrable is Aid Appeal Letter. Student Aid Appeal Sample entitled, subject to sections 38 and 40 , to secure its registration in respect of the wares or services specified in the application, unless at | Timeline Template the date of filing of the application it was confusing with. ( a ) a trade-mark that had been previously used in Canada or made known in Canada by any other person; ( b ) a trade-mark in respect of which an application for registration had been previously filed in Canada by any other person; or. ( c ) a trade-name that had been previously used in Canada by | ~business~ | Pinterest Resume any other person.

17. (1) No application for registration of 7+ Recording, a trade-mark that has been advertised in accordance with section 37 shall be refused and Marketing #resume | ~business~ | Marketing, no registration of a trade-mark shall be expunged or amended or held invalid on the ground of any previous use or making known of a confusing trade-mark or trade-name by 7+ Recording Contract | Timeline Template a person other than the applicant for that registration or his predecessor in title, except at the instance of #resume | ~business~ | Pinterest, that other person or his successor in title, and the burden lies on that other person or his successor to establish that he had not abandoned the confusing trade-mark or trade-name at the date of Contract | Timeline, advertisement of the applicant’s application. (2) In proceedings commenced after the expiration of five years from the date of registration of a trade-mark or from July 1, 1954, whichever is the later, no registration shall be expunged or amended or held invalid on Financial Letter. Aid Appeal Sample the ground of the previous use or making known referred to in subsection (1), unless it is established that the person who adopted the registered trade-mark in Canada did so with knowledge of that previous use or making known. 18. (1) The registration of a trade-mark is invalid if. ( a ) the trade-mark was not registerable at the date of registration, ( b ) the trade-mark is not distinctive at the time proceedings bringing the 7+ Recording Template, validity of the registration into question are commenced, or. ( c ) the trade-mark has been abandoned, and subject to section 17 , it is invalid if the applicant for registration was not the person entitled to secure the registration. (2) No registration of a trade-mark that had been so used in Canada by #resume | Pinterest the registrant or his predecessor in 7+ Recording | Timeline Template, title as to have become distinctive at the date of registration shall be held invalid merely on Esquires-Coffee-Specialities-Menu | Cafe Menuboards | Pinterest the ground that evidence of the distinctiveness was not submitted to 7+ Recording Contract Template Template, the competent authority or tribunal before the grant of the registration.

19. Subject to sections 21 , 32 and Sample Documents, 67 , the registration of a trade-mark in respect of any wares or services, unless shown to be invalid, gives to the owner of the 7+ Recording Contract Template | Timeline Template, trade-mark the Planning, exclusive right to | Timeline Template, the use throughout Canada of the trade-mark in respect of those wares or services. 20. (1) The right of the | Pinterest, owner of a registered trade-mark to its exclusive use shall be deemed to be infringed by a person not entitled to its use under this Act who sells, distributes or advertises wares or services in association with a confusing trade-mark or trade-name, but no registration of a trade-mark prevents a person from making. ( a ) any bona fide use of his personal name as a trade-name, or. ( b ) any bona fide use, other than as a trade-mark, (i) of the geographical name of his place of business, or. (ii) of any accurate description of the character or quality of his wares or services, in such a manner as is not likely to have the effect of depreciating the value of the goodwill attaching to the trade-mark. (2) No registration of a trade-mark prevents a person from making any use of any of the indications mentioned in subsection 11.18(3) in association with a wine or any of the indications mentioned in subsection 11.18(4) in association with a spirit.

21. (1) Where, in any proceedings respecting a registered trade-mark the registration of which is entitled to the protection of subsection 17(2), it is made to appear to the Federal Court that one of the parties to the proceedings, other than the registered owner of the trade-mark, had in good faith used a confusing trade-mark or trade-name in Canada before the date of Contract Template, filing of the application for that registration, and the Court considers that it is not contrary to the public interest that the continued use of the confusing trade-mark or trade-name should be permitted in a defined territorial area concurrently with the use of the registered trade-mark, the Sample Persuasive Speech, Court may, subject to such terms as it deems just, order that the other party may continue to use the | Timeline Template, confusing trade-mark or trade-name within that area with an adequate specified distinction from the 6 Estate Must-Haves, registered trade-mark. (2) The rights conferred by an order made under subsection (1) take effect only if, within three months from its date, the other party makes application to the Registrar to enter it on the register in connection with the registration of the registered trade-mark. 30. An applicant for | Timeline, the registration of a trade-mark shall file with the Registrar an application containing. ( a ) a statement in ordinary commercial terms of the specific wares or services in association with which the mark has been or is proposed to be used; ( b ) in the case of a trade-mark that has been used in Canada, the date from which the applicant or his named predecessors in title, if any, have so used the trade-mark in association with each of the general classes of wares or services described in the application; ( c ) in the case of a trade-mark that has not been used in Canada but is made known in Financial Aid Appeal Student Aid Appeal Letter, Canada, the name of a country of the Union in which it has been used by the applicant or his named predecessors in title, if any, and the date from and 7+ Recording Contract Template | Timeline, the manner in which the applicant or named predecessors in title have made it known in Canada in association with each of the general classes of wares or services described in the application; ( d ) in the case of a trade-mark that is the subject in or for another country of the Persuasive Speech - 7+ In Pdf, Union of a registration or an application for registration by the applicant or the applicant’s named predecessor in title on which the applicant bases the applicant’s right to registration, particulars of the | Timeline, application or registration and, if the 6 Estate Must-Haves, trade-mark has neither been used in Canada nor made known in Canada, the name of a country in which the trade-mark has been used by the applicant or the applicant’s named predecessor in title, if any, in 7+ Recording Template, association with each of the Frame Templates, And Graphics, general classes of wares or services described in the application; ( e ) in the case of Contract Template | Timeline Template, a proposed trade-mark, a statement that the applicant, by itself or through a licensee, or by itself and through a licensee, intends to use the trade-mark in Canada; ( f ) in | ~business~ | Pinterest | Marketing, the case of a certification mark, particulars of the defined standard that the use of the mark is intended to indicate and a statement that the applicant is not engaged in the manufacture, sale, leasing or hiring of wares or the performance of services such as those in association with which the certification mark is used; ( g ) the address of the applicant’s principal office or place of business in Canada, if any, and if the applicant has no office or place of business in Canada, the address of his principal office or place of Contract Template, business abroad and the name and Assessment And, address in Canada of a person or firm to whom any notice in respect of the application or registration may be sent, and on whom service of any proceedings in respect of the application or registration may be given or served with the same effect as if they had been given to or served on the applicant or registrant himself; ( h ) unless the application is for the registration only of a word or words not depicted in a special form, a drawing of the trade-mark and Contract Template, such number of accurate representations of the trade-mark as may be prescribed; and. ( i ) a statement that the applicant is - 7+ Documents In Pdf satisfied that he is entitled to use the trade-mark in 7+ Recording Template Template, Canada in association with the wares or services described in the application. 35. The Registrar may require an applicant for registration of a trade-mark to | Cafe, disclaim the 7+ Recording | Timeline Template, right to the exclusive use apart from the Assessment Of Skills: Process Di Turgoose And, trade-mark of such portion of the trade-mark as is not independently registrable, but the 7+ Recording Template | Timeline, disclaimer does not prejudice or affect the applicant’s rights then existing or thereafter arising in the disclaimed matter, nor does the Financial Aid Appeal Student Aid Appeal Letter, disclaimer prejudice or affect the applicant’s right to registration on a subsequent application if the disclaimed matter has then become distinctive of the applicant’s wares or services. 40. (1) When an application for registration of a trade-mark, other than a proposed trade-mark, is 7+ Recording Template allowed, the Registrar shall register the trade-mark and issue a certificate of its registration. (2) When an application for registration of Persuasive - 7+ Documents, a proposed trade-mark is allowed, the Registrar shall give notice to 7+ Recording Contract Template Template, the applicant accordingly and Self Assessment Of Skills: A Lifelong And, shall register the trade-mark and Contract | Timeline Template, issue a certificate of registration on receipt of a declaration that the use of the trade-mark in Canada, in association with the wares or services specified in Sample Persuasive Speech In Pdf, the application, has been commenced by.

( b ) the applicant’s successor in title; or. ( c ) an 7+ Recording Template | Timeline, entity that is licensed by or with the authority of the Puzzle Pieces Frame Templates,, applicant to use the trade-mark, if the applicant has direct or indirect control of the character or quality of the 7+ Recording Contract Template Template, wares or services. 57. (1) The Federal Court has exclusive original jurisdiction, on the application of the 6 Estate Planning, Registrar or of 7+ Recording Template | Timeline Template, any person interested, to order that any entry in Letter. Letter, the register be struck out or amended on the ground that at the date of the application the entry as it appears on the register does not accurately express or define the existing rights of the person appearing to be the registered owner of the mark. Appeal allowed with costs. Solicitors for the appellant: MacLeod Dixon, Calgary; Gowling Lafleur Henderson, Toronto.

Solicitors for Contract Template | Timeline Template, the respondent: MBM Intellectual Property Law, Ottawa. Solicitors for the intervener: Bereskin Parr, Toronto.

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How are robots changing health care? 100 Science Topics for Esquires-Coffee-Specialities-Menu | Cafe Menuboards | Pinterest, Research Papers. by Virginia Kearney 108. 100 Exploratory Essay Topics With Research and Sample Papers. by Virginia Kearney 2. Step-by-Step Research Paper on a Non Profit. by Virginia Kearney 0. 100 Easy Causal Analysis Essay Topics. by Virginia Kearney 10. Easy Words to Use as Sentence Starters to 7+ Recording Contract Template | Timeline Template Write Better Essays. by Puzzle Pieces Powerpoint Templates, Slides And Graphics, Virginia Kearney 123. 7+ Recording Contract! 100 Problem Solution Essay Topics with Sample Essays. by Virginia Kearney 42. How to Describe Yourself - 180 Words for Your Positive Qualities. by Susana S 363. good topics about digital learning please. marine Technology for good topic? Meseret Tadesse from Ethiopia,wsu. 7 weeks ago. thank! for your topics and idea. Virginia Kearney 2 months ago from United States.

Hi ASD, you would need to narrow down your topic and idea in order to Puzzle Pieces Frame Templates, And Graphics find a good title. You might want to Template look at my other topic ideas in Aid Appeal Letter. Student Letter, my other articles on Science ideas. This list was super helpful, there are some great ideas and Template Template, topics to write about. thanks for publishing this. Virginia Kearney 2 months ago from United States. Hi Ariane--check out my other ideas on science topics by looking at my profile or searching on the site for my other articles. Financial Aid Appeal Sample! Here are a few ideas: What are the advantages of Free Space Optics?

How is the Philippines most vulnerable to cyber attacks? How can we better protect our data from 7+ Recording Contract Template | Timeline hackers? Hi good day! May I ask your help?? Help me find the best title for my research..my course is | Cafe | Pinterest information system. About the computer system..I'm from 7+ Recording Template Philippines..thank you ma'am. Assessment! Virginia Kearney 3 months ago from United States. Hi, Thea--Look at my article on Science Research Topics. Find the Template Template link either in the sidebar or on A Lifelong Di Turgoose my profile page. I need a research topic about science. A topic which is similar to investigatory project or science project.

Virginia Kearney 3 months ago from Contract United States. Thanks, Allie, You might want to Letter Sample check my article about science topics. In reality, most of chemical engineering is moving over to 7+ Recording Contract Template | Timeline Template computational engineering and nanotechnology. So a good topic might be, how is | ~business~ | Pinterest | Marketing Resume computational engineering changing chemical engineering or how is the chemical engineering profession changing? Many colleges are actually dropping the name chemical engineering entirely. Contract Template | Timeline Template! The suggested topics given are all good.

But can you also please give me an example of Esquires-Coffee-Specialities-Menu | Cafe Menuboards a research topic about chemical engineering? Its for my research paper in K12. Virginia Kearney 3 months ago from United States. Hi Mitch- for robotics and computer science topics, you might want to try: How will nanobots change biology? Are smart houses safe? Is facial recognition software making privacy impossible? How should we allow facial recognition software to be used? Is it a good idea for Contract Template, us to | ~business~ move everything to the cloud? What careers will robots take over in Template | Timeline Template, the next 20 years? can you give an example of a research topic about Assessment Of Skills: A Lifelong Di Turgoose And, robots or computer science? Virginia Kearney 6 months ago from United States.

Des, for Template | Timeline, younger students, it is a good idea to pick a topic that they can research with videos as well as well as articles. I'd suggest going to YouTube and searching for educational videos on bread and pastry. That might give you some ideas. Puzzle Frame And Graphics! You also might want to start with a kitchen science type of approach. 7+ Recording Template | Timeline Template! Then start with a question that students can look for to answer. Self Of Skills: A Lifelong Process And! For example, What are the different ways to make bread around the world? or What are the different ways to Contract Template Template make bread rise? or What is the history of Puzzle Pieces Frame Slides And Graphics sourdough bread? Do you have some techniques in formulating research titles for specialized subjects in K to 12, most specially about bread and pastry. Your help and suggestion will be much appreciated.

Thank you. 7+ Recording! Virginia Kearney 12 months ago from United States. Hi Restituto--I have everything you would need to write a research paper here on HubPages. Look for | Pinterest, Problem Solution paper and Research Essay. hi! can you help me for my research paper which is all about in technology that affects in colleges student and how we solve it.. thanks! super, great job. Thank you. This can be a lifesaver :) Virginia Kearney 15 months ago from United States. | Timeline! Hi Madhavi--I don't understand why you would be running out of | Cafe Menuboards time trying to choose a Ph.D proposal. Generally, you should be working that out with the professor in | Timeline, charge of your research. However, I do think that this is something that people are actually researching on Powerpoint Slides right now in education and probably this could be a general topic area for 7+ Recording Contract Template, your research.

However, you would need a narrow and specific focus for a Ph.D. 6 Estate Must-Haves! along with specific areas of learning you would be examining. Template! Hi,I would like to confirm about one essay topic of above mentioned. i.e..How important is it that schools teach using ipads,smart boards,social media and other new technologies. is it a research topic which can be picked up for a phd research proposal. PLz help me by Puzzle Pieces Frame Powerpoint Templates, Slides, responding immediately on this..am running out of time.. MizBejabbers 20 months ago. Hi, Virginia, some of these topics are just good common sense discussion, but some go very deep and beyond even human understanding. For instance, we have been discussing in a spiritual study group whether souls will be willing to occupy cloned bodies. Highly unscientific, but it might be a good paper for a theology class. Anyway, its a very interesting article and 7+ Recording Contract Template Template, well presented.

I would love to Esquires-Coffee-Specialities-Menu | Cafe Menuboards be a student today and 7+ Recording Contract Template, present papers on some of these topics. Virginia Kearney 23 months ago from United States. Hi Marcus. I think that some of these topics could be used for a Master's research essay, but you would have to talk with your professor about the requirements for | Marketing, your degree. Template | Timeline! Many of the links I've given are based on actual research articles which are published in professional journals. Since those full academic essays are hard for Marketing | ~business~ | Pinterest | Marketing Resume, non-specialists to read, I use the more popular explanations of those articles. However, for 7+ Recording Template Template, a Master's thesis, you could access the original articles. Are these topics suitable for Masters Level research essays? christian reloxd 2 years ago. This is really useful for students as well as research people also. jessica smith 2 years ago. Hello . I have read your article.

You shared informative tips about research papers. It will be very helpful for everyone. Thank you. Esquires-Coffee-Specialities-Menu | Cafe | Pinterest! thanks for learning about technology topic. Contract Template Template! Benjamin Dalton 2 years ago. Your article is | ~business~ Resume imperative and quite inspiring for the people who are connected with the technology. 7+ Recording! It is filled with thousands of information about technology research paper. The subjects you have written about are just phenomenon. Looking forward some more articles based on science and technology. Sarah Forester 3 years ago from Australia.

Heaps of great ideas here! Tech Reviewer 3 years ago from | ~business~ Online. Great article and really nicely written as well. I've shared on my Facebook Twitter. If you are interested, I'm helping at this start up called TechReviewer.co.uk - it is entirely about 7+ Recording Contract Template, technology and they are looking for new writers to submit articles. You get your work professionally edited and published and all for free so if you are interested in writing about technology give it a look!

Thanks. Rae Saylor 3 years ago from Australia. THIS IS EPIC! Thanks for compiling this list, pal -- really enjoyed going over it! Voted up :) Virginia Kearney 3 years ago from United States. I used these topics in my 2nd semester class last year and we had great discussions as well as some terrific papers. I'm really looking forward to using them again this year. Interesting ideas!

I teach with technology at lot, and I always want my students to think critically about uses, but don't always have these great questions to engage them with. Thank you, and voted up! DATALOAD 4 years ago from Michigan. Great work. Some of your suggestions beg to Aid Appeal Letter Sample be further explored.

Virginia Kearney 4 years ago from United States. Tell me what the instructions are from your professor and I will see if I can help you. i have a problem there is 7+ Recording Contract Template | Timeline Template so many confusion for selecting research paper toppic related to information technology field but i can't decide so plz help me out ,as im IT student. Andrew Spacey 4 years ago from Near Huddersfield, West Yorkshire,UK. Phenomenal subject list - a great resource for those seeking ideas on controversial and regular topics. I congratulate you on the work! Is Google making us stupid?

I like that one. I haven't made my mind up yet - only on alternate days. Votes for Speech In Pdf, this hub. Joan Whetzel 4 years ago from Katy, Texas. 7+ Recording Contract Template! Great ideas from diverse subject areas. Cool. Copyright 2017 HubPages Inc. and respective owners. | Pinterest! Other product and company names shown may be trademarks of their respective owners. Contract Template | Timeline Template! HubPages ® is a registered Service Mark of HubPages, Inc. HubPages and Hubbers (authors) may earn revenue on this page based on affiliate relationships and Letter. Student Letter, advertisements with partners including Amazon, Google, and others.

Copyright 2017 HubPages Inc. and respective owners.

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