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Tire Corp. V. Accessoires D Autos Nordiques, Inc.

Decent Essays

Survey evidence is well suited to shedding light on the resemblance between two marks, or lack thereof, if this is not already evident on the face of the marks. In such situations a word association test may be helpful, but requires proper context and controls in the design of the questionnaire. For example, the applicant for the trademark NORDIC in association with tires presented a survey on the issue of resemblance in an appeal of a decision rendered by the Trademarks Opposition Board, in Canadian Tire Corp. v. Accessoires d'autos Nordiques Inc. The latter Quebec-based retailer had opposed the registration of NORDIC in association with tires, on the grounds that it was too similar to the sound and idea suggested by its own mark, NORDIQUES used in association with auto-parts in Quebec. The survey presented a simple open-ended design. The senior mark NORDIQUES was printed on a card and shown for six seconds to a respondent by the interviewer. The respondent was then asked the following series of questions: (i) Please tell me what, if anything, first comes to mind when you see what appears on this card? (ii) When would you have first made that …show more content…

He might state that the mark reminds him of another mark, that it reminds him of a particular company, that he associates it with particular wares or services, that he associates it with a particular emotion or feeling; etc. Such a question should be followed up by one or more prompts in which the respondent is asked if there is anything else he thinks of when he sees the mark or what does he think of when the mark is associated with particular wares or services. This allows for a more complete assessment of the respondent's first

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