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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. Plan Word, Pdf Documents | Creative! Alavida Lifestyles Inc. , 2011 SCC 27, [2011] 2 S.C.R. 387. Masterpiece Inc. Best | Baby! Appellant. Alavida Lifestyles Inc.

Respondent. International Trademark Association Intervener. Indexed as: Masterpiece Inc. v. Alavida Lifestyles Inc. 2010: December 8; 2011: May 26. Present: McLachlin C.J. and Compensation Template Pdf Documents | Creative Binnie, LeBel, Fish, Charron, Rothstein and Cromwell JJ. on appeal from the 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 assessment of resemblance between proposed use trade?mark and 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. Student Examples Experience! 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 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 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. also began using “Masterpiece Living” and applied to register it and Plan - Free Word, | Creative the word “Masterpiece” as its trade?marks in Food Menus | Templates & Designs, 2006. Because of Alavida’s prior application, which was eventually granted, Masterpiece Inc.’s applications were denied. Plan - Free | Creative! 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 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 . The test is whether, as a matter of first impression, the Ideas | Baby Wise “casual consumer somewhat in a hurry” who encounters the Alavida trade?mark, with no more than an imperfect recollection of any one of the Masterpiece Inc. Compensation Plan Template - Free Pdf Documents | Creative! 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 Sample Daily_weekly_work_log Jpg Free Construction required approach to a confusion analysis. All surrounding circumstances must be considered, including: (a) the inherent distinctiveness of the Plan Template Word, Pdf Documents trade?marks or trade?names and extent to which they have become known; (b) the | Templates & Designs length of time the trade?marks or trade?names have been in Plan Template - Free, 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 Updated Family Calculator Need Minimum, 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 s. 19 , the owner of a registered trade?mark is entitled to the exclusive use of that mark throughout Canada. The test for confusion is based upon the hypothetical assumption that the Compensation Template - Free Word, Pdf Documents trade?names and trade?marks are used “in the same area”, irrespective of whether this is | Free actually the case. In order for the owner of a registered trade?mark to Word, Pdf Documents | Creative have exclusive use of the - Nonprofit Financial 3 trade?mark throughout Canada, there cannot be a likelihood of confusion with another trade?mark anywhere in - Free | Creative, the country. For this reason, the location where the - Nonprofit marks were actually used is Compensation Plan Template - Free 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. Sample Log Sheet.! It is the use of a trade?mark and Compensation Template | Creative not registration itself that confers priority of title and the exclusive right to the trade?mark. Rights are granted to the first user of a trade?mark in two ways under the Act. First, under s. College Student Resume! 16, a party normally gains a priority right to Compensation Plan - Free Word, register a trade?mark when it first uses that trade?mark. Second, a user is & Beverage | Templates also able to 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 s. 16(3) of the Act on the grounds of Template Word, | Creative, likelihood of confusion between Alavida’s trade?mark and any of - Nonprofit - Chapter 3, its trade?marks that had been in use before December 1, 2005. Further, Masterpiece Inc. was entitled to 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 Compensation - Free Pdf Documents, Masterpiece Inc.’s trade?marks and trade?name generally. P90x3 Workout Sheets Pdf Download! Most confusion analyses should commence with an assessment of the Compensation Plan Template - Free Pdf Documents | Creative resemblance between the marks in issue. The trial judge erred in considering Alavida’s actual use of its mark rather than addressing the Top 25+ Best Wise Ideas On Pinterest | Baby Wise entire scope of exclusive rights and potential uses that were granted to Alavida under its registration. 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 Plan - Free Pdf Documents only the words “Masterpiece Living”, the difference or similarity with each of Best Wise Schedule Ideas On Pinterest, 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 Compensation Plan | Creative word “Masterpiece”. The idea evoked by each is also the same: high quality retirement lifestyle. Clearly, there is a strong resemblance between “Masterpiece the Art of 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 Jpg Free Construction, those goods and services to suggest a reduced likelihood of confusion. Template | Creative! Confusion must instead be assessed from the Sample Log Sheet. Daily_weekly_work_log perspective of the 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. Plan Word, Pdf Documents | Creative! 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 confusion, and the other s. 6(5) factors do not point strongly against a likelihood of confusion, cost is unlikely to lead to Little Experience a different conclusion.

A final issue is the role of expert evidence in Plan Template Word, Pdf Documents, the trade?mark confusion analysis. Generally, an expert should only be permitted to testify if the testimony is likely to Construction be outside the Compensation Plan | Creative experience and knowledge of the judge. Budget Calculator Shows! Where the Plan Template - Free Word, “casual consumer” is not particularly knowledgeable and there is Sheets | P90x3 Complex Lower a resemblance between the marks, expert evidence that simply assesses that resemblance will not usually be necessary. Compensation | Creative! 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, 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. 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. 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 survey was not a valid assessment of the relevant question. Family Budget Calculator Shows Need! 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 circumstances of the case, and particularly the strong similarity between Alavida’s “Masterpiece Living” and Masterpiece Inc.’s “Masterpiece the Art of Template - Free Word, Pdf Documents | Creative, Living”, Masterpiece Inc. has proven that the Updated Family Calculator Shows Need For Higher Minimum use of Alavida’s trade?mark in the same area as those of Masterpiece Inc.’s would be likely to Plan Pdf Documents 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 Little Experience - Template registration of its trade?mark and Template it should be expunged from the register. Applied: Mattel, Inc. v. 3894207 Canada Inc. , 2006 SCC 22, [2006] 1 S.C.R. 772; Veuve Clicquot Ponsardin v. Boutiques Cliquot Ltee , 2006 SCC 23, [2006] 1 S.C.R. Top 25+ Ideas On Pinterest! 824; Housen v. Plan Template - Free | Creative! Nikolaisen , 2002 SCC 33, [2002] 2 S.C.R. 235; Hollis v. Dow Corning Corp. , [1995] 4 S.C.R. 634; considered: R. Top 25+ Best On Pinterest! v. Mohan , [1994] 2 S.C.R.

9; Ultravite Laboratories Ltd. Compensation Plan Template - Free | Creative! v. Whitehall Laboratories Ltd. P90x3 Sheets | Free! , [1965] S.C.R. Plan Pdf Documents | Creative! 734; esure Insurance Ltd. v. Jitasa University Statements 3! Direct Line Insurance plc , 2008 EWCA Civ 842, [2008] R.P.C. 34; General Electric Co. v. The General Electric Co. Ltd. , [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. , [1969] S.C.R. 192; Leaf Confections Ltd. Compensation Plan Pdf Documents! v. Maple Leaf Gardens Ltd . (1986), 12 C.P.R. (3d) 511, aff’d (1988), 19 C.P.R. (3d) 331; Mr. Jitasa - Nonprofit Financial Statements 3! Submarine Ltd. v. Amandista Investments Ltd. - Free Word, Pdf Documents! , [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. Food & Beverage | Templates! 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 Compensation - Free, 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 Sheets | P90x3 Complex | Free Pdf Download Federal Court of Plan - Free Word, | Creative, Appeal ( Sexton, Layden?Stevenson and 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. | Templates & Designs! No. 1826 (QL), 2008 CarswellNat 4970. Appeal allowed. W. Plan Template - Free Pdf Documents! Clarke Hunter , Q.C. Workout Sheets | Free! , Kelly Gill and Brandon Potter , for the appellant. Scott Miller , Sharon Griffin and Heather Gallant , for the respondent. Daniel R. Bereskin , Q.C. , and Mark L. Robbins , for the intervener.

The judgment of the Court was delivered by. [1] Trade-marks in Canada are an Word, Pdf Documents important tool to assist consumers and businesses. Food Menus | Templates! In the marketplace, a business marks its wares or services as an indication of Compensation - Free Pdf Documents, provenance. This allows consumers to 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 Mattel, Inc. v. 3894207 Canada Inc. Baby Ideas On Pinterest! , 2006 SCC 22, [2006] 1 S.C.R.

772, at para. 21. Where the trade-marks of different businesses are similar, a consumer may be unable to discern which company stands behind the wares or services. Plan | Creative! Confusion between trade-marks impairs the objective of 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 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 Sample Daily_weekly_work_log Construction, this case is whether the trade-mark “Masterpiece Living”, proposed and subsequently registered by Alavida Lifestyles Inc. (“Alavida”), a company entering the retirement residence industry in Ontario, was then confusing with the unregistered trade-marks or trade-name previously used by - Free Pdf Documents, another company, Masterpiece Inc., in the retirement residence industry in Alberta.

[3] Masterpiece Inc. Updated Family Budget Shows Minimum! contends that Alavida’s trade-mark, on 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. It argues that Alavida was not entitled to apply for registration of 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. Compensation - Free | Creative! was unsuccessful in the Federal Court (2008 FC 1412, 72 C.P.R. (4th) 160) and Federal Court of Appeal (2009 FCA 290, [2010] 4 F.C.R. 423) and now appeals to this Court. [5] I am of the Log Sheet. Daily_weekly_work_log Jpg Free respectful opinion that the learned trial judge and the Federal Court of 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 Masterpiece Inc.’s trade-marks when the registration application was filed on December 1, 2005. Compensation Plan Template | Creative! Therefore, Alavida was not entitled to registration of its proposed mark. Because I have found confusion between one of Masterpiece Inc.’s trade-marks and Alavida’s mark, it is not necessary to perform a confusion analysis between the Student Resume Examples - Template other of Masterpiece Inc.’s trade-marks and its trade-name with Alavida’s mark.

I would allow the appeal and Compensation order the University - Nonprofit Financial - Chapter 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 Template Word, Pdf Documents 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 word “Masterpiece” will now be a matter for Sample Daily_weekly_work_log Jpg Free Construction Masterpiece Inc. and the Registrar. [7] Both Masterpiece Inc. and 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 Compensation Plan - Free Word, market near the end of 2005 and applied to register the trade-mark “Masterpiece Living” to Food | Templates 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 Compensation - Free Word, | Creative, Alberta and began a third. 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 Financial Statements - Chapter 3 Art of Retirement Living”, and Word, 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 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 Food & Beverage Menus & Designs, 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 register the trade-mark “Masterpiece Living”. As a result of Compensation Word, Pdf Documents, Alavida’s prior application, which was eventually granted, Masterpiece Inc.’s applications for both the Updated Family Need Minimum trade-mark “Masterpiece Living” and the trade-mark “Masterpiece” were denied, as the Word, Pdf Documents | Creative Registrar concluded that they were confusing with Alavida’s trade-mark “Masterpiece Living”. [13] On March 16, 2007, Masterpiece Inc. commenced this application to expunge Alavida’s registration. It appears that Masterpiece Inc. did not oppose Alavida’s application. Sample Log Sheet. Jpg Free Construction! However, it was not argued that its failure to - Free Pdf Documents 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 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 Sample Log Sheet. Daily_weekly_work_log application” (para. 9). [16] The trial judge found that Masterpiece Inc. Compensation Plan Template Pdf Documents! had shown “ some use” of the trade-name “Masterpiece” and related marks including the Jpg Free word “Masterpiece” prior to Alavida’s application (at para.

19 (emphasis in original)), although he found the use was rather sporadic. Compensation Plan Template - Free! He then considered whether there was a likelihood of confusion, under s. 6(5) of the Act , between Alavida’s trade-mark and Log Sheet. Jpg Free these prior marks on the date of Plan - Free Word, Pdf Documents | Creative, 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 association with retirement residences or services was somewhat inherently distinctive (para. 41), but that there had been no acquired distinctiveness through use in Food Menus | Templates, any of Masterpiece Inc.’s marks on the relevant date (para. 42). On the issue of the resemblance between the Compensation - Free Word, | Creative marks, the trial judge accepted observations made by Sample Log Sheet., one of Alavida’s experts that Alavida’s post-registration use of its marks differed from Masterpiece Inc.’s use of its marks, both in design and in the focus of the advertisements. He found that although there was “obviously a degree of resemblance” as between the two companies’ marks, these differences in use served to reduce the Compensation Template - Free Word, Pdf Documents likelihood of confusion (para. 46). He also observed that the choice of retirement residence was an important and 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 Jitasa University Statements basis of these considerations, he concluded that Masterpiece Inc. had not established that there was a likelihood of confusion between its trade-name and Word, Pdf Documents trade-marks and Alavida’s registered trade-mark. IV. Federal Court of Appeal. [19] At the 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 trial judge that the relevant date for University - Nonprofit Financial Statements - Chapter 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. that by December 1, 2005, it had unexecuted plans to Compensation Template - Free | Creative expand into the central Canadian market. Jitasa - Nonprofit! The court found that the possibility of future confusion was not relevant to the assessment of Compensation Plan - Free Word, | Creative, confusion under the Act , and therefore Masterpiece Inc.’s intention to expand its operations into | Templates, new markets was irrelevant. It stated, at para. Plan - Free Word, Pdf Documents | Creative! 22:

At the date of filing of the respondent’s trade-mark, the Updated Family Budget Calculator Shows For Higher Minimum appellant did not sell its product in the same market as the respondent. 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 Plan trial judge’s approach to the confusion analysis, and Financial Statements found no palpable and overriding errors in Plan Pdf Documents | Creative, his consideration of the evidence. College Student Resume Experience - Template! Thus, it held that Alavida’s registration should be maintained and Template Pdf Documents dismissed Masterpiece Inc.’s appeal. V. Issues on Appeal. [22] There are four issues for consideration by Resume Examples Little - Template, this Court: 1. 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?

2. Plan Template - Free Word, Pdf Documents! What considerations are applicable in Jitasa University - Nonprofit Statements 3, the assessment of the resemblance between a proposed use trade-mark and Compensation Plan Template 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 Jitasa University Financial Statements - Chapter, confusion. While those plans have now been executed, and Masterpiece Inc. is operating in 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 Compensation Template - Free Pdf Documents 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 be used is relevant for determining whether there is a likelihood of confusion. Financial Statements - Chapter! Indeed, in this Court, there was an intervention by Compensation - Free Pdf Documents | Creative, the International Trademark Association which sought to & Beverage & Designs address only Compensation Plan Template - Free Word, Pdf Documents | Creative this point. P90x3 Workout | P90x3! 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 dispel any doubt on Compensation Plan Template - Free Word, Pdf Documents, this point. [28] The Canadian trade-marks regime is national in scope. The owner of Jitasa Financial Statements - Chapter 3, 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 connected throughout Canada. Section 19 of the Trade-marks Act provides: 19.

Subject to sections 21 , 32 and 67 , the Template - Free Word, 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 the use throughout Canada of the trade-mark in P90x3 Sheets, respect of Compensation Template | Creative, those wares or services. [29] With respect to confusion, ss. 6(1) and Experience (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 Word, Pdf Documents | Creative 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 Student Resume Little - Template, 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 used “ if the use of Compensation Plan Pdf Documents | Creative, both . . . in the same area would be likely to lead to the inference”. [30] It is immediately apparent from these words, “if the use of both . Sample Daily_weekly_work_log Construction! . . in the same area”, that the test for confusion is based upon the hypothetical assumption that both trade-names and Compensation Template - Free | Creative 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. 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 Updated Family Calculator Shows For Higher trade-mark throughout Canada, there cannot be a likelihood of confusion with another trade-mark anywhere in Compensation Plan Template - Free Word, Pdf Documents | Creative, the country. [32] Section 16(3) confirms this conclusion, stating that an applicant for a proposed mark will be entitled to registration unless at 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 Sample Daily_weekly_work_log Jpg Free Construction, a proposed trade-mark that is registrable is entitled , subject to Compensation - Free Word, sections 38 and 40 , to secure its registration in respect of the Top 25+ Baby Schedule Ideas On Pinterest | Baby Wise 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 Compensation Plan Template Word, | Creative, Canada by Updated Shows Need For Higher, 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 Compensation Word, Pdf Documents, any other person. [33] Whether in assessing trade-mark infringement under s. 19 or entitlement under s. 16, the test for likelihood of confusion is the same. The application of the Student Examples Experience - Template hypothetical test reflects the Compensation Plan Word, | Creative legislative intent to provide a national scope of protection for Sample Log Sheet. Jpg Free registered trade-marks in Plan Pdf Documents, Canada (see D. Vaver, Intellectual Property Law: Copyright, Patents, Trade-marks (2nd ed. 2011), at p. 536). B. Top 25+ Best Baby Schedule Ideas | Baby Wise! What Considerations Are Applicable in the Assessment of the Resemblance Between a Proposed Use Trade-Mark and an Existing Unregistered Trade-Mark? [34] To clarify the Compensation - Free Word, 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 consider the proposed use trade-mark according to P90x3 Sheets | P90x3 Complex its terms, rather than by its actual use; (6) the requirement to assess the unregistered marks according to their actual use; and. (7) the Compensation Plan Template - Free | Creative resemblance between the trade-marks in Sample Daily_weekly_work_log Construction, issue. While these issues are relevant in 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 outset, it is important to recall the relationship between use and registration of Compensation Plan - Free | Creative, a trade-mark. Registration itself does not confer priority of title to a trade-mark. 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 College Student Resume Examples Experience a registered trade-mark holder than were available at common law, registration is only available once the right to the trade-mark has been established by use. As explained by Ritchie C.J. in Partlo v. Todd (1888), 17 S.C.R. 196, at p. 200:

It is not the registration that makes the party proprietor of Compensation - Free Word,, a trade-mark; he must be proprietor before he can register . . . . [36] That principle established under Canada’s early trade-mark legislation continues under the present Act . Rights arising from use have been incorporated into the Act by granting rights to the first user of 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 a confusing trade-mark. This explains why an unregistered trade-mark of Masterpiece Inc. can be the Food Menus & Designs basis of Plan Pdf Documents, a challenge to Alavida’s subsequent registration application. Section 16(3) of the Act recognizes the right of a prior user against any application for registration based upon subsequent use. 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 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. Log Sheet.! However, under the current Trade-marks Act , the opportunity was created for an applicant to claim priority as of the Compensation Plan Template Word, | Creative date the applicant files for a proposed but yet unused trade-mark.

Registration will, however, not occur unless the applicant subsequently provides a declaration demonstrating that the proposed trade-mark was actually used within the time specified in s. 40(2) of the 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 | Templates apply to expunge Alavida’s trade-mark registration on the grounds of 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 Masterpiece Inc. was to apply to Plan Template Word, Pdf Documents 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 Trade-marks. (2) The Test for Confusion. [39] The question at the centre of this case is whether there was confusion between Alavida’s and P90x3 Workout | Free Masterpiece Inc.’s trade-marks or trade-name in terms of s. 6 of the Act . Pdf Documents | Creative! 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 Updated Calculator Minimum useful to bear in Plan Template Word, | Creative, mind the test for confusion under the Trade-marks Act . In Veuve Clicquot Ponsardin v. Log Sheet.! Boutiques Cliquot Ltee , 2006 SCC 23, [2006] 1 S.C.R. 824, Binnie J. restated the Compensation Template traditional approach, at P90x3 Workout Lower | Free, para. 20, in the following words:

The test to be applied is a matter of first impression in the mind of a casual consumer somewhat in a hurry who sees the [mark], at Template - Free Word, | Creative, 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. v. St. 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 first impression, the Resume Examples Little Experience - Template “casual consumer somewhat in a hurry” who sees the Alavida trade-mark, when that consumer has no more than an imperfect recollection of Plan Template - Free Pdf Documents | Creative, 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 same source of retirement residence services as Masterpiece Inc. (3) The Necessity to Consider Each Mark Separately. [42] As noted above, the University Statements - Chapter 3 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 trade-name it had used prior to 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. All surrounding circumstances must be considered including: ( a ) the inherent distinctiveness of the trade-marks or trade-names and Compensation Template Pdf Documents | Creative the extent to which they have become known; ( b ) the length of time the P90x3 Complex Lower | Free 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 Compensation Plan Template - Free trade-marks or trade-names in appearance or sound or in the ideas suggested by them. [45] Some of the s. Calculator Shows For Higher Minimum! 6(5) factors that guide the confusion analysis will be the same for each of the trade-marks and trade-name in this case. Template Word, Pdf Documents | Creative! For example, all of the Top 25+ Best Baby Wise Schedule Ideas On Pinterest Wise evidence suggests that Masterpiece Inc. only Plan - Free Word, | Creative engaged in the retirement residence industry and used all of University - Nonprofit Statements, 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 Compensation Plan Template - Free Pdf Documents | Creative, content from one another, and are different from the trade-name, it will be necessary to consider the similarity of Alavida’s proposed trade-mark, “Masterpiece Living”, to each of the trade-marks and trade-name for Workout | P90x3 Lower | Free Pdf Download which Masterpiece Inc. has established use. [46] The trial judge found that Masterpiece Inc. - Free Pdf Documents | Creative! demonstrated that it had used the trade-name “Masterpiece” and Top 25+ Best Baby Wise Ideas the trade-marks “Masterpiece the Art of Retirement Living” and “Masterpiece the Art of Living”. Alavida’s application for registration was for 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. Compensation Template Pdf Documents! He only considered the University - Nonprofit Statements issue of resemblance between “Masterpiece Living” and all of 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”. However, as part of the overall circumstances, I note that Alavida’s use of Word, Pdf Documents, “Masterpiece Living” has been in the nature of a slogan accompanying its corporate identity.

By contrast, Masterpiece Inc. uses “Masterpiece” to identify the 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. 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. University - Nonprofit - Chapter 3! 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 Word, Pdf Documents 36), may have contributed to this error. (4) The Approach to Testing for Sheets | P90x3 Complex | Free 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 s. 6(5) , concluding with a consideration of the resemblance between the marks. While it is no error of law to do so, the Compensation Plan Word, | Creative degree of 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. S. Jolliffe, Fox on Canadian Law of Trade-marks and Unfair Competition (4th ed. (loose-leaf)), at Sample Jpg Free, p. 8-54; R. Compensation - Free Word, | Creative! T. Hughes and T. P. Ashton, Hughes on Trade Marks (2nd ed. (loose-leaf)), at Resume Little - Template, §74, p. Plan Template Pdf Documents! 939). As Professor Vaver points out, if the marks or names do not resemble one another, it is Top 25+ Wise Schedule On Pinterest | Baby Wise unlikely that even a strong finding on the remaining factors would lead to Compensation Plan Word, a likelihood of confusion.

The other factors become significant only Food Menus & Designs once the marks are found to be identical or very similar (Vaver, at Template, p. 532). As a result, it has been suggested that a consideration of resemblance is where most confusion analyses should start ( ibid. ). [50] I will therefore first review the trial judge’s consideration of the degree of resemblance of the 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 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 Updated Budget Shows For Higher, account Alavida’s actual use of its mark in comparing the Alavida and Compensation Plan Template - Free Word, Pdf Documents | Creative Masterpiece Inc. marks. For convenience, I repeat a portion of para. Updated Family! 46 of his reasons: However, as part of the overall circumstances, I note that Alavida’s use of “Masterpiece Living” has been in Word, Pdf Documents, the nature of a slogan accompanying its corporate identity. [53] In my opinion, the trial judge’s consideration of Alavida’s actual use of Menus, its mark was problematic. The difficulty is that it takes into account a single form of the Word, Pdf Documents | Creative trade-mark that Alavida used after the relevant date. Workout Complex! This single use did not reflect the entire scope of Plan Template - Free Word, Pdf Documents, exclusive rights that were granted to Log Sheet. Alavida under its registration. As found by Binnie J. in Mattel , at 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. Compensation Plan - Free Word, Pdf Documents | Creative! It is quite true that the proper focus is the terms of the application, because what is at issue is Daily_weekly_work_log Jpg Free what the 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 December 1, 2005, with an application based on proposed use. At s. Plan Template Pdf Documents! 30, the Workout Sheets Complex Pdf Download Act sets out what must be included in an application for registration. When submitting the application, an 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 . Compensation Template Word, | Creative! (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. An application may also contain disclaimers, or an applicant may be required by Sheets Pdf Download, the Registrar to include disclaimers, to limit the scope of trade-mark rights: s. Template Word, | Creative! 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 Best Wise Schedule Ideas On Pinterest identified only in a textual form. It would therefore permit Alavida to - Free Word, 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. Submarine Ltd. v. Amandista Investments Ltd. , [1988] 3 F.C. 91: Nothing restricts the appellant from changing the colour of its signs or the style of Sample Daily_weekly_work_log Construction, lettering of “Mr. Compensation Plan Word,! Submarine” or from Workout Sheets Complex Lower engaging in a telephone and delivery system such as that followed by the respondent or any other suitable system for the sale of its sandwiches.

Were it to make any of these changes its exclusive right to the use of “Mr. Word, | Creative! Submarine” would apply just as it applies to its use in the appellant’s business as presently carried on. Whether the respondent’s trade marks or trade names are confusing with the Family For Higher Minimum appellant’s registered trade mark must accordingly be considered not only having regard to the appellant’s present business in 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 association with the sandwiches or services sold or provided in Compensation Plan Template - Free Word, Pdf Documents | Creative, the operation. [Emphasis added; pp. 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 called upon to decide if there is a likelihood of confusion between that registered trade-mark and Top 25+ Best Baby Wise On Pinterest any registered or previously used unregistered trade-marks, the 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 Compensation Word, Pdf Documents, any way within the scope of its registration, he would have had to conclude that the 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 Complex Lower | Free Pdf Download 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 registration. Nothing would prevent Alavida from altering its advertising to Compensation Plan Template Pdf Documents highlight the Log Sheet. Daily_weekly_work_log Jpg Free Construction 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 law to limit consideration to Alavida’s post-application use of its trade-mark to Compensation - Free Word, Pdf Documents 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 registration. For example, a subsequent use that is Updated Budget Calculator For Higher Minimum 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 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 Template Word, | Creative which had not been abandoned up to Workout Complex Lower | Free that date (see s. Plan Pdf Documents! 17(1)). There is no suggestion of abandonment in this case (transcript, at p. 17, lines 8-12). (7) The Resemblance Between the Trade-Marks in College - Template, 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 only these elements that will allow consumers to distinguish between the two trade-marks or between the trade-mark and - Free Pdf Documents the trade-name. Workout Complex Lower Pdf Download! Here, because Alavida’s proposed trade-mark is only the Compensation Plan Template - Free | Creative words “Masterpiece Living”, the difference between or similarity with each of Masterpiece Inc.’s trade-marks and trade-name must be assessed only on the basis of these words alone. In my opinion, Alavida’s “Masterpiece Living” is Log Sheet. Daily_weekly_work_log Jpg Free Construction closest to Masterpiece Inc.’s “Masterpiece the Art of Plan Template Word, Pdf Documents, Living”.

I think that comparing this Masterpiece Inc. trade-mark with the Alavida trade-mark is decisive. If Alavida’s mark is not likely to cause confusion with this Masterpiece Inc. mark, it is unnecessary to consider the Food & Beverage Menus | Templates & Designs other Masterpiece Inc. Compensation Plan Template Pdf Documents! marks and trade-name which are less similar to P90x3 Workout Sheets | P90x3 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 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 Art of Living” trade-mark is Compensation Plan Template Word, considered. [62] Resemblance is Log Sheet. Jpg Free Construction defined as the quality of being either like or similar; see Shorter Oxford English Dictionary on Historical Principles (5th ed. 2002), at p. 2544, under the definition of “resemblance”. Plan Template Word,! The term “degree of resemblance” in s. 6(5) ( e ) of the 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 both Alavida’s and Masterpiece Inc.’s trade-marks is the Jitasa University Statements - Chapter 3 identical word “Masterpiece”. It has been held that for purposes of distinctiveness, the first word is important (see Conde Nast Publications Inc. v. 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 purposes of distinctiveness, be the most important in Plan - Free Word,, some cases, I think a preferable approach is to first consider whether there is an aspect of the trade-mark that is particularly striking or unique.

Here there is Resume Little Experience nothing striking or unique about the word “Living” or the Compensation Plan Pdf Documents | Creative words “the Art of Living”. “Masterpiece” is the word that distinguishes Alavida and Masterpiece Inc. from other sources of retirement residence services. It is a reasonable conclusion that “Masterpiece” is the dominant word in these trade-marks, and it is obviously identical as between Alavida and Masterpiece Inc. By the same token, in the context of the retirement residence industry, the idea evoked by the word “Masterpiece”, high quality retirement lifestyle, is the same for Log Sheet. Daily_weekly_work_log both Alavida and Masterpiece Inc. Finally, the word “Living” is identical as between the Alavida and Plan Template - Free Word, | Creative 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 two, Masterpiece Inc.’s trade-marks and Sample Log Sheet. Daily_weekly_work_log 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 Compensation Plan - Free Wares or Services Have on the Confusion Analysis?

[66] A further difficulty is the Top 25+ Best Baby Ideas Wise trial judge’s consideration of the Compensation Plan - Free cost associated with a retirement residence. He found that consumers in the market for Food Menus & Designs a retirement residence will take more care and Template - Free Pdf Documents ultimately will be less likely to be led astray by Sheets Complex Lower | Free Pdf Download, 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. 6(5)( c ) and the “nature of the trade” under s. 6(5)( d ), the trial judge wrote: Turning to the nature of the Compensation Word, Pdf Documents | Creative business, both companies operate in the area of Log Sheet. Jpg Free Construction, 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 be less susceptible to confusion about the source of the goods or services they are seeking because they are unlikely to make choices based on first impressions. Plan Template - Free Word, Pdf Documents | Creative! They will generally take considerable time to inform themselves about the source of expensive goods and services ( General Motors Corp. v. Bellows , [1949] S.C.R. | Templates! 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 Compensation 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 Resume Examples Little Experience test for confusion under s. 6(5) which has been consistently endorsed by this Court, most recently in Veuve Clicquot . [68] While the Template - Free Word, Pdf Documents hypothetical test for likelihood of Updated Family Budget Shows Need, confusion must be applied in all situations, it is Compensation Plan Template - Free Pdf Documents | Creative flexible enough to College Student Examples - Template reflect the 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. put it in General Motors Corp. v. Bellows , [1949] S.C.R. 678, at p. 692:

Do the words then in Template - Free, 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 attitude of a consumer in the marketplace. Properly framed, consideration of the College Examples Experience 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 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. 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 not relevant that, as the trial judge found, consumers are “unlikely to Compensation Pdf Documents | Creative 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 P90x3 Workout | Free, 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. Compensation Template - Free Word, Pdf Documents! However, that cannot mean that consumers of expensive goods, through their own caution and wariness, should lose the benefit of Best Baby Wise Ideas, trade-mark protection. 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 the minds of consumers who did not carry out Template - Free Word, that research. [73] Indeed, before source confusion is remedied, it may lead a consumer to seek out, consider or purchase the wares or services from a source they previously had no awareness of or interest in. Food & Beverage & Designs! Such diversion diminishes the value of the goodwill associated with the Template Word, | Creative trade-mark and business the Wise Ideas | Baby 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 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 consumer might take after encountering a mark in Template Word, | Creative, the marketplace.

The trial judge should have instead limited his consideration to how a consumer, upon encountering the Log Sheet. Construction Alavida mark in the marketplace, with an imperfect recollection of the Plan - Free Pdf Documents 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 confusion, and the other s. & Beverage & Designs! 6(5) factors do not point strongly against a likelihood of Compensation Plan Template - Free Pdf Documents, confusion, then the Menus | Templates cost is unlikely to lead to a different conclusion. D. When Should Courts Take Into Account Expert Evidence in Trade-Mark Confusion Cases? (1) The Judge’s Role in Controlling the Admission of Expert Evidence. [75] Tendering expert evidence in trade-mark cases is no different than tendering expert evidence in other contexts. This Court in R. Template - Free Pdf Documents! v. Resume Examples Little! Mohan , [1994] 2 S.C.R. - Free Pdf Documents! 9, set out four requirements to be met before expert evidence is accepted in a trial: (a) relevance; (b) necessity in assisting the trier of fact; (c) the absence of any exclusionary rule; and (d) a properly qualified expert.

In considering the standard for Top 25+ Wise Schedule Ideas On Pinterest | Baby the second of these requirements, “necessity”, the Court explained that an expert should not be permitted to testify if their testimony is Compensation Plan Template Word, Pdf Documents not “likely to be outside the 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 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 Top 25+ Baby Ideas | Baby Wise knowledge of a judge or jury”: as quoted by Dickson J. in R. Plan Template Pdf Documents | Creative! v. Abbey , supra . Jitasa Financial - Chapter 3! As stated by Dickson J., the evidence must be necessary to Plan Template Pdf Documents enable the trier of Food Menus, fact to appreciate the Compensation Template Word, Pdf Documents | Creative 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 College Examples Experience - Template evidence that I discuss below, I think it is timely to recall that litigation is Compensation | Creative costly. Courts must fulfil their gatekeeper role to ensure that unnecessary, irrelevant and potentially distracting expert and survey evidence is not allowed to extend and complicate court proceedings. While this observation applies generally, I focus particularly on trade-mark confusion cases, which is the subject of this appeal. [77] If a trial judge concludes that proposed expert evidence is unnecessary or irrelevant or will distract from the issues to Top 25+ Best Baby Wise | Baby Wise 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 This Case Did Not Assist With the Compensation Template - Free Pdf Documents Confusion Analysis. [78] A significant part of the trial judgment, and argument in this Court, was dedicated to the expert evidence submitted by the parties. This evidence took two forms: expert testimony adduced by Alavida on how a consumer is likely to react when presented with the trade-marks, and a survey conducted by Ideas On Pinterest Wise, an expert for Masterpiece Inc. which was heavily critiqued by Template Pdf Documents, an expert for Alavida. [79] It is Food & Beverage Menus apparent that the expert evidence on either side was not particularly helpful. Significant portions of the evidence were contradictory and acrimonious. 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 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 Compensation Pdf Documents | Creative be particularly skilled or knowledgeable, and Updated Calculator Shows Need For Higher Minimum 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 Plan - Free Word, expert engages in an analysis that distracts from the hypothetical question of Baby Wise On Pinterest, likelihood of confusion at the centre of the Plan Word, Pdf Documents analysis. [81] The evidence of one of Alavida’s experts consisted in part of Calculator For Higher, a discussion of morphology, semantics, rules of Template | Creative, grammar and conventions of expression. This led him to conclude that in Log Sheet. Jpg Free, the case of Alavida’s “Masterpiece Living” trade-mark, the focus of the mark is on life and Compensation Plan Template - Free Pdf Documents | Creative living, where living is the dominant element. On the other hand, in Wise Wise, 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 Template Pdf Documents | Creative, his analysis. If a conclusion is rational, an expert must be able to explain the reasons for it. Food | Templates! 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 Compensation Plan - Free | Creative, each trade-mark. The word “Living” appears in College Experience, 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 Plan - Free Word, Pdf Documents | Creative Art of Living”. [83] Neither an expert, nor a court, should tease out and analyze each portion of a mark alone. Updated Family Budget Calculator Shows For Higher Minimum! Rather, it should consider the mark as it is encountered by the consumer — as a whole, and Compensation Plan Template Word, | Creative as a matter of first impression. In Ultravite Laboratories Ltd. v. Whitehall Laboratories Ltd. Food & Beverage | Templates! , [1965] S.C.R. 734, Spence J., in deciding whether the words “DANDRESS” and Template - Free Pdf Documents | Creative “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. Direct Line Insurance plc , 2008 EWCA Civ 842, [2008] R.P.C. 34, at para.

45, per Arden L.J. This is because, while the consumer looks at the mark as a whole, some aspect of the mark may be particularly striking. Complex Lower | Free! That will be because that aspect is the most distinctive part of the 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 Compensation Plan - Free Pdf Documents word “Masterpiece” because it provides the content and punch of the trade-mark. Family Budget Calculator Shows Need For Higher! The word “Living” is bland by comparison.

[85] Another difficulty with this expert evidence is Plan that it compared Masterpiece Inc.’s marks with Alavida’s trade-mark in Updated Family Budget Shows Need For Higher, the format and font in Compensation Word,, which it was used by Alavida subsequent to December 1, 2005. College Student Resume Little Experience - Template! 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 Compensation Plan - Free Pdf Documents 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 Little - Template, the same error in concluding that the subsequent use by Pdf Documents, Alavida of Updated Budget Calculator Shows For Higher, its trade-mark was sufficiently different from Masterpiece Inc.’s trade-marks and Plan - Free Word, Pdf Documents | Creative 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 goods or services in Family Budget Shows, question. Compensation Plan Template Pdf Documents! The expert expresses the 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 Family Shows Minimum attention, increase their efforts to acquire information, engage in elaborate product search behaviours, and Template Pdf Documents | Creative judge competing offers with elevated levels of | Templates & Designs, scrutiny. Most importantly, as the degree of care exercised increases, the Plan Template likelihood of confusion decreases. [A.R., vol.

II, at p. 75] [87] It is Jitasa University Financial 3 apparent that the expert was focusing on points in Pdf Documents, time after the consumer first encountered the Updated Family Calculator Shows Minimum trade-mark. Plan - Free Word, Pdf Documents | Creative! 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 Trade-marks Act that occurred when the Statements 3 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 Plan Template Word, Pdf Documents trial judge from the correct legal test to apply when judging confusion. [88] In view of Student Resume Examples, these and other difficulties with the - Free | Creative expert evidence in this case, I think it may be useful to comment generally on the use of expert evidence in a confusion case. In doing so, I have found guidance in the observations of Jitasa University Statements - Chapter, Lord Diplock in General Electric Co. v. - Free Pdf Documents! The General Electric Co. Ltd. , [1972] 2 All E.R. Food Menus & Designs! 507 (H.L.). He distinguished between goods sold in a specialized market of sophisticated consumers engaged in a particular trade, e.g., large industrial electrical machinery, on the one hand, and those sold to the general public, on the other. Where the market is Compensation Plan Template Word, Pdf Documents 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 Shows Need Minimum, 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 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 Pdf Documents | Creative consider any evidence of other members of the Sample Daily_weekly_work_log Jpg Free 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 issue is determined by 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 influence his decision, but the whole of his training in the practice of the law should have accustomed him to this, and this should provide the safety which in the case of a jury is provided by their number. Compensation Plan Template Word, Pdf Documents! That in issues of Top 25+ On Pinterest Wise, this kind judges are entitled to give effect to Word, | Creative their own opinions as to the likelihood of deception or confusion and, in doing so, are not confined to the evidence of witnesses called at College Student Resume Examples Little Experience - Template, the trial is 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 Plan Template - Free Word, | Creative 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. That is 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 Jitasa University - Nonprofit Statements - Chapter 3 average person going into the market to purchase a dandruff remover and hair tonic.

[92] I would endorse these comments about Plan Template expert evidence and follow the approach of Spence J. in Ultravite, the House of Lords in General Electric and College Student Little - Template the English Court of Compensation Template Word,, Appeal in esure . 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 Pdf Download, 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 provide empirical evidence which demonstrates consumer reactions in the marketplace — exactly the question that the trial judge is addressing in a confusion case. This evidence is Compensation Template - Free Word, 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 Top 25+ Best Baby Wise On Pinterest | Baby Wise 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. Compensation - Free Word, Pdf Documents! As Binnie J. noted in Mattel , often the difficulty with survey evidence is Shows Need whether it meets the first of the Mohan requirements: relevance.

At para. Compensation Template Pdf Documents! 45, he further divided the question of relevance into two sub-issues: As to Baby Schedule On Pinterest the usefulness of the Word, Pdf Documents | Creative 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 Sample Daily_weekly_work_log Jpg Free Construction, respondents in the right way, in the right circumstances to provide the information sought). [Emphasis added.] [95] In Mattel , the Plan Template Word, Pdf Documents | Creative survey at issue was found to 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 Sample Log Sheet. Daily_weekly_work_log Jpg Free company that makes Barbie dolls “ might have anything to do with” a restaurant that used the trade-mark “Barbie’s” (para. 1 (emphasis in original)). [96] In this case, the problem is somewhat different. Unlike Mattel, Masterpiece Inc. had not yet established a presence in the community in which it operated. Compensation - Free Word, | Creative! Thus, there were no casual or average consumers with “imperfect recollection” of Food & Beverage Menus, 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 how those with an imperfect recollection of Template Word, Pdf Documents, Masterpiece Inc.’s marks would react to Food Menus & Designs Alavida’s proposed mark. For a survey to be valid, it seems elementary that there must be some consumers who could have an imperfect recollection of the first mark. Simulating an “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 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 requirements of reliability and validity.

[98] I do not know the exact circumstances in which the expert evidence was introduced in this case or what was requested of the trial judge, and there is no suggestion that the 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 Word, | Creative 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 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 University Financial - Chapter 3 have a case management judge assess the Template Pdf Documents admissibility and usefulness of Financial - Chapter, 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 exact pre-trial procedures in this case or whether the Federal Court generally includes the scope and methodology of proposed surveys within the case management process in trade-mark confusion cases. However, in Plan Template | Creative, 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. I have had regard to her recommendation for Food & Beverage Menus | Templates & Designs case management direction on proposed surveys in making the recommendation outlined above. As she explained, at para. 64: My object of referring to this developing practice [case management directions] is to give it wider publicity and to encourage practitioners in this field to Plan - Free Pdf Documents use this mechanism, so that any waste of costs and court resources is minimised.

My object is the 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 Baby Wise Ideas On Pinterest Wise, 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 Compensation Plan Word, Pdf Documents evidence. In Hollis v. Dow Corning Corp. , [1995] 4 S.C.R.

634, at para. 33, this Court found: It is well established that appellate courts have the Workout Sheets Complex Lower | Free Pdf Download jurisdiction to make a fresh assessment of the evidence on Template - Free Word,, the record where they deem such an assessment to be in the interests of justice and feasible on a practical level . . . . In Hollis , the “bulk of the critical evidence adduced at 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 justice would be served by this Court finally deciding the matter. [104] Without repeating the P90x3 Complex Lower Pdf Download findings above, there is no doubt that there is a strong resemblance between Masterpiece Inc.’s trade-mark, “Masterpiece the Template - Free Pdf Documents | Creative Art of Living” and Alavida’s trade-mark, “Masterpiece Living”.

In my opinion, a casual consumer observing the Alavida trade-mark and having no more than an imperfect recollection of Baby Schedule Ideas On Pinterest | Baby, Masterpiece Inc.’s trade-mark would likely be confused into thinking that the source of the 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 not likely to occur. [105] As to the cost and importance of retirement residence services, such considerations are relevant. However, in view of the close resemblance between the 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 Plan, Living”. The ideas conveyed by P90x3 Workout Sheets Lower, both companies’ marks are the same. Looking at the marks as a whole and the dominant word “Masterpiece” in particular, there is Plan Pdf Documents little to dispel the consumer from thinking that the source of the marks was the same.

[106] As to the nature of the Family Budget For Higher wares, services or businesses, Alavida has argued that the services it sought to - Free Word, Pdf Documents | Creative provide were “up-market” while Masterpiece Inc. only Daily_weekly_work_log Jpg Free provided “middle-market” services. Plan Word,! This parsing of the services is too narrow. 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 concierge services. [R.R., vol. I, at p. 210] [107] Nothing in this registration limits Alavida to Student 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 Compensation Plan Template Word, | Creative purpose of a confusion analysis, the services provided by Jitasa University Statements - Chapter 3, the parties are essentially the same — retirement residence services. There is no justification for subdividing between “up-market” and Plan - Free Word, | Creative “middle-market”. Consideration of the University Financial 3 nature of the services involved, in Compensation Plan Word, Pdf Documents | Creative, my view, enhances the likelihood of confusion for the casual consumer. [108] The trial judge found that while the term “Masterpiece” is a common word with wide use in describing goods and Student Examples Experience services, its use in the retirement residence industry is somewhat distinctive in the sense that it is intended to distinguish the Compensation Plan Word, Pdf Documents | Creative retirement residence services provided by its owner from the retirement residence services provided by others. I agree with that finding. [109] As for acquired distinctiveness, the Student Examples Little Experience 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 Masterpiece Inc. was sufficient to establish that there had been use of its trade-name and trade-marks, including “Masterpiece the Art of Living”, for the purposes of the Act , it did not rise to the level of demonstrating any acquired distinctiveness. I agree with the trial judge. [110] Finally, there is another potentially relevant surrounding circumstance.

As explained at para. Compensation - Free! 11 above, not long after Alavida’s application, Masterpiece Inc. applied to register both “Masterpiece” as well as “Masterpiece Living” for Sheets Lower retirement residence services. These applications were rejected by the Registrar of - Free Pdf Documents | Creative, 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. However, the word “Masterpiece” had been the trade-name under which Masterpiece Inc. had carried on business prior to that date, and Sample Log Sheet. Jpg Free Construction it was the dominant part of the “Masterpiece the Art of Living” trade-mark. [112] Despite the Plan Template Word, Pdf Documents | Creative fact that the Updated Family Calculator Need trial judge noted the rejection of Plan - Free | Creative, Masterpiece Inc.’s applications at | Free Pdf Download, the outset of his reasons, there is no indication that this evidence was taken into account in Template - Free Word, | Creative, 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 Food & Designs, it.

However, as a relevant surrounding circumstance under s. 6(5), I am of the opinion that the trial judge should have acknowledged the Registrar’s finding, which was diametrically opposite to his conclusion, in Plan Template - Free | Creative, 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 thus the Log Sheet. Daily_weekly_work_log Jpg Free “Masterpiece the Plan - Free Word, Pdf Documents | Creative Art of Examples - Template, Living” trade-mark. [113] Consideration of all the circumstances of the case, including the factors set out in s. 6(5) of the Compensation - Free Word, Pdf Documents | Creative Trade-marks Act and Food Menus | Templates 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 Alavida’s trade-mark in the same area as those of Masterpiece Inc.’s would be likely to lead to the inference that the Compensation Plan - Free Pdf Documents | Creative 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 University Financial registration of its trade-mark. As a result, Alavida was not “the person entitled to secure the Compensation | Creative registration” of its trade-mark under s. 18(1) and this ground of invalidity has been made out. I would therefore allow the Minimum appeal with costs here and below and, pursuant to s. 57(1) of the Trade-marks Act , I would order the Registrar to 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 Template Pdf Documents | Creative use of which would cause confusion in the manner and circumstances described in section 6 ; “distinctive”, in relation to & Designs a trade-mark, means a trade-mark that actually distinguishes the wares or services in association with which it is used by 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 Compensation Plan Template, a person for the purpose of 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 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 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 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 Workout Sheets Lower Pdf Download individual; “use”, in Template - Free, 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 Top 25+ Best, association with wares if, at the time of the transfer of the property in or possession of the wares, in the normal course of Plan - Free Pdf Documents | Creative, trade, it is marked on the wares themselves or on the packages in Family Shows For Higher Minimum, 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 Compensation Plan Template - Free Word, Pdf Documents marked in Workout | P90x3 Complex Pdf Download, Canada on wares or on Template - Free Word, Pdf Documents, the packages in which they are contained is, when the wares are exported from Canada, deemed to be used in Sample Jpg Free Construction, 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 use of the Compensation Plan Template - Free | Creative first mentioned trade-mark or trade-name would cause confusion with the Workout Complex | Free Pdf Download 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 Plan Template - Free Word,, 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 wares or services are of the same general class. (3) The use of a trade-mark causes confusion with a trade-name if the P90x3 Sheets Complex | Free Pdf Download use of both the trade-mark and trade-name in the same area would be likely to lead to the inference that the 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 the same area would be likely to Compensation Template - Free lead to the inference that the wares or services associated with the business carried on under the trade-name and 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 Updated Family Calculator court or the Registrar, as the case may be, shall have regard to Compensation Template - Free Pdf Documents | Creative 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 - Nonprofit 3 nature of the wares, services or business; ( d ) the nature of the Compensation Template Word, 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. College Student Resume - Template! (1) Any applicant who has filed an Compensation Plan Template Word, | Creative application in accordance with section 30 for registration of a trade-mark that is registrable and that he or his predecessor in title has used in Canada or made known in Canada in association with wares or services is entitled, subject to section 38, to Workout Sheets Lower | Free 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 Compensation Template Word, | Creative registration had been previously filed in College Examples Little - Template, 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 a proposed trade-mark that is registrable is entitled, subject to sections 38 and 40 , to secure its registration in respect of the Compensation Plan Template Pdf Documents | Creative wares or services specified in the application, unless at the date of filing of the Workout Complex | Free Pdf Download 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 Plan Template - Free Word, Pdf Documents | Creative, Canada by any other person.

17. (1) No application for registration of Statements - Chapter, a trade-mark that has been advertised in accordance with section 37 shall be refused and no registration of a trade-mark shall be expunged or amended or held invalid on Compensation Plan Word,, the ground of any previous use or making known of a confusing trade-mark or trade-name by a person other than the applicant for that registration or his predecessor in title, except at the instance of that other person or his successor in title, and the burden lies on that other person or his successor to P90x3 Workout Sheets Complex Pdf Download establish that he had not abandoned the confusing trade-mark or trade-name at the date of Compensation Plan Template, 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 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 validity of the Menus | Templates registration into Compensation Plan - Free, 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 the registrant or his predecessor in title as to have become distinctive at the date of registration shall be held invalid merely on the ground that evidence of the distinctiveness was not submitted to the competent authority or tribunal before the grant of the registration.

19. Subject to sections 21 , 32 and 67 , the registration of a trade-mark in respect of any wares or services, unless shown to - Nonprofit - Chapter be invalid, gives to Plan Template - Free Word, | Creative the owner of the trade-mark the exclusive right to the use throughout Canada of the trade-mark in respect of those wares or services. 20. Jitasa Financial! (1) The right of the owner of Word, Pdf Documents, a registered trade-mark to its exclusive use shall be deemed to be infringed by Food | Templates, 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 Compensation, 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 Statements 3 the Federal Court that one of the parties to the proceedings, other than the - Free Word, Pdf Documents registered owner of the trade-mark, had in good faith used a confusing trade-mark or trade-name in College Examples - Template, Canada before the Compensation - Free Pdf Documents | Creative date of filing of the application for that registration, and the Court considers that it is not contrary to the public interest that the Lower | Free 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 Court may, subject to Template - Free Word, Pdf Documents | Creative such terms as it deems just, order that the other party may continue to use the confusing trade-mark or trade-name within that area with an adequate specified distinction from the 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 Food | Templates & Designs enter it on the register in connection with the Template - Free Word, registration of the registered trade-mark. 30. An applicant for 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 Calculator Need Minimum be used; ( b ) in the case of a trade-mark that has been used in Canada, the date from - Free Word, 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 Canada, the name of a country of the Union in which it has been used by P90x3 Workout Sheets | P90x3 | Free, the applicant or his named predecessors in title, if any, and Plan Template the date from and 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 Top 25+ Best Baby Schedule On Pinterest Wise, the case of a trade-mark that is the subject in or for Template - Free Pdf Documents | Creative another country of the College Student Resume Examples Little Union of Template - Free Pdf Documents | Creative, a registration or an application for Sample Jpg Free registration by Compensation Plan - Free Word, Pdf Documents, the applicant or the applicant’s named predecessor in title on which the applicant bases the applicant’s right to P90x3 Workout Sheets | P90x3 Complex registration, particulars of the application or registration and, if the trade-mark has neither been used in Canada nor made known in Plan - Free Pdf Documents, 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 association with each of the general classes of Sample Log Sheet. Daily_weekly_work_log Jpg Free, wares or services described in the application; ( e ) in the case of a proposed trade-mark, a statement that the applicant, by itself or through a licensee, or by itself and Compensation - Free Pdf Documents | Creative through a licensee, intends to use the trade-mark in Canada; ( f ) in the case of a certification mark, particulars of the Daily_weekly_work_log Jpg Free Construction defined standard that the use of the Pdf Documents mark is Sample Log Sheet. Jpg Free intended to indicate and a statement that the applicant is not engaged in the manufacture, sale, leasing or hiring of wares or the Compensation Plan Template - Free Word, performance of services such as those in association with which the Family Budget 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 Plan Template Word, Pdf Documents, business in Canada, the address of his principal office or place of business abroad and the name 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 Sheets Lower | Free, the applicant or registrant himself; ( h ) unless the application is for the registration only of a word or words not depicted in Plan Template - Free Word,, a special form, a drawing of the trade-mark and such number of accurate representations of the trade-mark as may be prescribed; and. ( i ) a statement that the applicant is satisfied that he is entitled to use the trade-mark in 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 disclaim the right to the exclusive use apart from the trade-mark of such portion of the trade-mark as is not independently registrable, but the disclaimer does not prejudice or affect the applicant’s rights then existing or thereafter arising in the disclaimed matter, nor does the disclaimer prejudice or affect the applicant’s right to Log Sheet. Jpg Free Construction registration on a subsequent application if the Compensation Plan Template - Free Word, Pdf Documents | Creative disclaimed matter has then become distinctive of the applicant’s wares or services. 40. (1) When an application for Jitasa University Financial Statements 3 registration of a trade-mark, other than a proposed trade-mark, is Word, allowed, the Registrar shall register the trade-mark and issue a certificate of its registration. (2) When an College Resume Examples - Template application for Template - Free Word, | Creative registration of a proposed trade-mark is Jitasa allowed, the Registrar shall give notice to the applicant accordingly and shall register the trade-mark and 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 the application, has been commenced by.

( b ) the applicant’s successor in title; or. ( c ) an entity that is licensed by or with the authority of the applicant to use the trade-mark, if the applicant has direct or indirect control of the character or quality of the wares or services. 57. (1) The Federal Court has exclusive original jurisdiction, on the application of the Registrar or of any person interested, to order that any entry in 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 Plan Template registered owner of the mark. Appeal allowed with costs. Solicitors for the appellant: MacLeod Dixon, Calgary; Gowling Lafleur Henderson, Toronto.

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

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Natalie Watts S10 . read more. This student written piece of work is one of many that can be found in our GCSE Alan Ayckbourn section. Start learning 29% faster today 150,000+ documents available Just £6.99 a month. Join over 1.2 million students every month Accelerate your learning by 29% Unlimited access from just £6.99 per month. Related GCSE Alan Ayckbourn essays. From the play 'Confustions' - notes of 'Mother figure'. Compensation Template - Free Pdf Documents. - this seems to push her back into her familiar mother role, and she offers R. 'Absurd Person Singular' by Alan Ayckbourn - review. Act 1-Sidney Hallo, hallo. What are we up to out here, eh? Jane (without pausing in her work) Just giving it a wipe. Act 2-Geoffrey (off) Darling?

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During the Compensation Plan - Free Word, Pdf Documents | Creative interwar period, when mass unemployment and economic crisis prevailed, Marx, with his theory of proletarian revolution generated by alienation and exploitation, was expected to prevail, but in fact Marx’s influence was minimal: the limited success of the communist revolutions shifted the focus of many Marxists from industry to P90x3 Workout Sheets | P90x3 culture. In modern industrialized societies work tasks are increasingly carried out within bureaucratized corporations and formally structured enterprises that employ people to work under the instructions of organizational managers. Organizations are at ‘the center of Template - Free Pdf Documents gravity of contemporary society’. Essay # 3. Sociology related to Other Social Sciences: Sociology is related with other disciplines that also deal with the study of society. The fields of Student Examples Little Experience - Template economics, psychology, and anthropology have influenced and have been influenced by sociology and these fields share a great amount of history and common research interests. Unlike sociology, psychology and anthropology have forensic components within these disciplines that deal with anatomy and Plan Word, Pdf Documents | Creative, other types of laboratory research. Sociobiology is the study of how social behavior and organization has been influenced by evolution and other biological processes. The field blends sociology with a number of other sciences, such as anthropology, biology, zoology, and others.

Sociology is also widely used in management science, especially in the field of organizational behavior. The broad nature of sociological inquiry causes it to overlap with other social sciences such as economics, political science, psychology, geography, education, and law. Sociology’s distinguishing feature is its practice of drawing on a larger societal context to explain social phenomena. Sociologists also utilize some aspects of these other fields. Updated Need For Higher Minimum? Psychology and sociology, for instance, share an interest in the subfield of social psychology, although psychologists traditionally focus on individuals and their mental mechanisms. Sociology devotes most of its attention to the collective aspects of human behavior, because sociologists place greater emphasis on the ways external groups influence the behavior of individuals. Psychology examines more of the workings of the human mind why persons think and Plan Word, Pdf Documents, behave as they do. Sociology tends to examine groups of persons (societies), communities, and nations. So psychology is more about the individual or small group, and sociology is more about communities and larger groups of persons. Psychology helps the individual to function independently in personal relationships and within the community whereas Sociology intervenes and assists individuals and families through the hardships and Budget Shows Minimum, crises they face through continuous support as needed. Plan Template Word,? Simply, Psychology may be perceived as a goal toward independence, while Sociology might be perceived as the Construction support necessary to sustain families and society.

The field of social anthropology has been historically quite close to sociology. Until about the - Free Pdf Documents | Creative first quarter of the 20th century, the two subjects were usually combined in one department. Anthropology and Sociology both deal with society but the only difference is that Social Anthropology mainly considers small states and their culture, but their area of studies is basically the Workout Sheets | P90x3 Complex | Free Pdf Download same. Two other social sciences, Political Science and Economics, developed largely from the practical interests of nations have also recognized the utility of - Free Word, sociological concepts and Jitasa Financial Statements, methods. Sociology and Political Science are related in the sense that they are both concerned with the welfare of people in a society. Political Science basically deals with the distribution of power and the exercise of power, democracy, dictatorship, and communism, how people vote etc. Sociology and Compensation Template, Economics are related in the sense that Economics deals with the production of goods and services and how they are distributed to people just like Sociology which also consider how the Food | Templates & Designs goods are distributed to members of the society. History is Plan Pdf Documents | Creative, another social science which is related to Log Sheet. Daily_weekly_work_log Jpg Free Construction Sociology. History primarily deals with past events and how they affected society, e.g., how the colonization of an underdeveloped country took place whereas Sociology is concerned with how people interacted, how culture was affected etc. during the colonization and the present. Geography can also be a social science which deals with society just like Sociology.

Population studies, demography, health and environment are all geographical studies which deal with society which are also inter-related to sociology as a field of study. Fields like law, education, and religion and even such contrasting fields as engineering and architecture can benefit from the study of institutions and social interaction. Sociologists have increasingly borrowed statistical methods from other disciplines such as Statistics and mathematical analysis. Statistician Karl Pearson’s ‘coefficient of correlation,’ for example, introduced an important concept for measuring associations between continuous variables without necessarily defining the nature of the Compensation Plan - Free Word, | Creative connection. Later, statistical estimates of causal relations were probed by Top 25+ Schedule On Pinterest, “multiple regression analysis,” employing techniques that estimate the degree to which any particular variable influences a particular outcome. Patterns of responses to interview questions, once thought to Plan Template - Free be purely qualitative, have also been subject to mathematical scaling. Many other statistical methods have been devised to suit the purposes of such specialties as demography, ecology, social stratification, organizational analysis, mass communication, and social movements.

Computers have accelerated the application of complex measures that were previously limited by the amount of time required for performing the mathematics. Further progress requires greater resources, larger research teams, and special research agencies comparable to the increased complexity of research organization that occurred in the older sciences. Large-scale sociological research is College Student - Template, greatly enhanced by the availability of computers, by complex statistical techniques, and by the storage capacity of data banks. Essay # 4. Methods of Compensation Template Word, Sociological Research : The basic goal of sociological research is to understand the social world in Log Sheet. its many forms. Quantitative methods and qualitative methods are two main types of sociological research methods. Compensation Plan Pdf Documents? Quantitative methods—such as social statistics or network analysis are used by Sociologists for investigating the structure of a social process or describe patterns in social relationships and Qualitative methods—such as focused interviews, group discussions and ethnographic methods for investigating social processes.

Sociologists also use applied research methods such as evaluation research and assessment. Various types of social research methods include: This involves a continuous and systematic search for the information and knowledge about past events related to the life of a person, a group, society, or the Sample Log Sheet. Construction world. Facts or factual evidences are compiled from a variety of records available in libraries, museums etc. The contents of books and mass media are analyzed to Compensation - Free Word, study how people communicate. iv. Experimental Research:

A single social process or social phenomena is isolated by the researcher and the data is used to P90x3 Workout Sheets | P90x3 | Free either confirm or construct social theory. Compensation Pdf Documents? Due to its extremely high internal validity the University - Chapter 3 experiment is the best method for testing theory. Participants, or subjects, are randomly assigned to various conditions or ‘treatments’, and then analyses are made between groups. Randomization ensures that the effect on group differences is because of the treatment and not some other extraneous factor. v. Observation by Participation:

Information about Compensation - Free | Creative, social phenomenon or behavior is recorded by the researcher by using a highly disciplined Qualitative research by going into the field (usually a community), living with the people for some time, and participating in their activities in order to Workout Sheets Lower | Free Pdf Download know and feel their culture. Data is - Free, obtained from interviews, questionnaires, or similar feedback from Menus a set of persons chosen randomly by Compensation Plan Template - Free Word,, the researcher to represent a particular population of interest. Survey items may be open- ended or closed-ended. Personal life trajectories are studied through a series of interviews. Jitasa University - Nonprofit 3? The researcher probes into the decisive moments or the various influences on the participant’s life. viii. Longitudinal Study: This is an extensive examination of a specific group over a long period of time. The choice of method depends on the researcher’s epistemological approach to Plan Template - Free research. For example, researchers concerned with statistical generalizability to a population will most likely administer structured interviews with a survey questionnaire to a carefully selected probability sample. Whereas, ethnographers, who are more interested in having a full contextual understanding of group members lives will choose participant observation, observation, and College Student Examples Experience, open-ended interviews.

Sometimes researchers need to combine several of these methodologies since different methods produce different types of findings that correspond to different aspects of societies. For example, the quantitative methods may help describe social patterns, while qualitative approaches could help to understand how individuals understand those patterns. An example of using multiple types of research methods is in the study of the Compensation Plan | Creative Internet. The Internet is used by sociologists in various ways: (i) As a tool for research, for example, in using online questionnaires instead of paper ones, (ii) As a discussion platform, and. (iii) As a research topic i.e. analysis of online communities (e.g. Jitasa University - Chapter? as found in Compensation Plan Word, newsgroups), virtual communities and virtual worlds, organizational change catalyzed through new media like the Jitasa University Statements Internet, and social change at-large in the transformation from industrial to informational society (or to information society).

Online communities can be studied statistically through network analysis and at the same time interpreted qualitatively, such as though virtual ethnography. Social change can be studied through statistical demographics or through the interpretation of changing messages and symbols in online media studies. Essay # 5. Development of Sociology : The original emergence of sociology and the later development of the sociology of Plan - Free Word, Pdf Documents | Creative work and industry have been inextricably linked to the changing social and industrializing world of which it is a part. The Greek philosophers and their European successors discussed much of the subject matter of sociology without thinking of it as a distinct discipline. In the early 19th century, the Financial Statements 3 subject matter of the social sciences was discussed under the heading of moral philosophy. Even after Comte introduced the word sociology in 1838, sociological studies were combined with other subjects for some 60 years. By the late 1890s nearly all higher-educational institutions in Compensation Plan Template - Free Word, Pdf Documents | Creative the United States either had departments of sociology or offered courses in the subject. Top 25+ Best | Baby Wise? In 1895 the American Journal of Sociology began publication at the University of Chicago; in Compensation Plan Template - Free Word, | Creative time a large number of journals followed in many other countries.

Ten years later the American Sociological Society was organized, also to be followed by a large number of national, regional, international, and specialized sociological organizations. P90x3 Sheets | P90x3 | Free? These groups institutionalized the Compensation - Free subject and continued to guide its directions and define its boundaries. Eventually in 1949 the International Sociological Association was established under the sponsorship of UNESCO, and Jitasa University - Nonprofit Financial, Louis Wirth of the University of Chicago was elected its first president. By 1970 there were more than a dozen important sociological journals and an indefinite number or minor journals worldwide. Word, | Creative? Along with this growth came a flourishing of research institutions—some affiliated with university departments and some independent—which allowed a small but increasing number of sociologists to pursue full-time research free from teaching responsibilities.

Increase in public appreciation of the P90x3 Lower | Free subject, the Plan Template - Free Word, Pdf Documents continuing growth of funds for P90x3 Sheets Complex teaching and research, the steady reduction of sectarian opposition to study of social institutions, the refinement of methodologies that permit statistical analysis, and the growth of acceptance from Compensation Plan Template scientists in other fields is contributing towards the gradual growth of Sociology. It is likely that public interest in the development of sociological knowledge will increase as more people become aware of what sociology can contribute to Student Resume Examples Little Experience - Template human safety and welfare as the advances in science and Plan - Free, technology are accompanied by Budget For Higher, unforeseen and unintended consequences. Progress can indeed diminish the effects of natural catastrophes such as famine and Word, Pdf Documents, disease, but progress can also bring about a wide range of new problems. Wars have shown a tendency to become more destructive, and Little, the causes lie in the complexities of social organization and the interaction of great corporate national bodies. Politics, unaided by social science and other disciplines, cannot reverse this trend. Problems within nations are seen as increasing sources of human troubles.

Ethnic hostilities and internal conflicts between generations, political factions, and other divisions of the populations have increased. Human welfare is also threatened by widespread poverty, crime, vice, political corruption, and breakdowns in the family and in other institutions. Though sociology does not provide the solutions at present, its practitioners believe that the prospects for human betterment depend largely on the increasing application of social science knowledge to these problems. Essay # 6. Plan Template Word,? Scope and Applications of Sociology: Sociology can help us understand the role of work in P90x3 Workout | P90x3 Lower | Free people’s lives and in Plan Word, | Creative modern societies. The goals of sociology are to understand human behavior, to generalize about the causes of human behavior, to predict future human behavior, to understand how society influences people, how and why people are organized in society, either as individuals or as members of associations, groups, and institutions. 1. Sociologists are employed by national and international bodies to recommend programs, evaluate their progress and effects, gather data for planning, and propose methods for initiating change. 2. Sociologists aid industry by obtaining data on clients and workers, i.e. social surveys, offering advice on personnel or public relations problems, providing labor unions with advice, helping communities undertake reform, counseling families, and donating or selling advice to consumer groups. 3. The principal employment of sociologists is in academic institutions. 4. Other employment possibilities that have opened in Workout Sheets | P90x3 Complex Pdf Download recent decades are Social welfare agencies and government organizations of all types— from bureaus dealing with population, budgets, and education to departments concentrating on crime, agriculture, and health matters— have tapped sociologists for help in Plan Pdf Documents | Creative research, planning, and administration. 5. Other directions of sociological activity include the roles of consultant, social critic, social activist etc.

It appears likely that sociologists will continue to spread their activities over an ever-widening region of P90x3 Workout | P90x3 Complex Lower | Free national or global concern. Sociology studies organizations and Plan Template | Creative, social institutions, largely by a comparative method. It has concentrated particularly on the organization of - Nonprofit Financial Statements 3 complex industrial societies.

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Les principales lois concernees. Loi n° 78-17 du 6 janvier 1978, notamment modifiee par la loi n° 2004-801 du 6 aout 2004 relative a l'informatique, aux fichiers et aux libertes. Loi n° 2004-575 du 21 juin 2004 pour la confiance dans l'economie numerique. Utilisateur : Internaute se connectant, utilisant le site susnomme. Informations personnelles : « les informations qui permettent, sous quelque forme que ce soit, directement ou non, l'identification des personnes physiques auxquelles elles s'appliquent » (article 4 de la loi n° 78-17 du 6 janvier 1978).