Fonorola, Inc. v. Motorola, Inc.
T-580-96
Tremblay-Lamer J.
20/2/98
15 pp.
Appeal pursuant to Act, s. 56 from Registrar's decision refusing registration of trade mark "Fonorola" for use in association with telecommunication services in Canada, on basis confusing with respondent's registered trade mark "Motorola" used in association with electronic products and services related to maintenance, installation and repair-Appeal dismissed-On evidence, Registrar did not wrongly decide issue of confusion-"Motorola" inherently distinctive-"Fonorola", on other hand not possessing same degree of inherent distinctiveness-Nothing distinctive about prefix "Fon"-Respondents' trade mark has also acquired wide notoriety over years-Appellant's trade mark has not become known in Canada to same extent-Should not be afforded same scope of protection as respondents' mark-Parties engaged in common fields of activity-Strong phonetic and visual resemblance between words "Fonorola" and "Motorola"-Incident of confusion probative of likelihood confusion will occur-Trade-marks Act, R.S.C., 1985, c. T-13, s. 56.