London Drugs Limited v. International Clothiers Inc., 2014 FC 223

This is an appeal pursuant to section 56 of the Trade-marks Act. International Clothiers filed applications to SMITH & BARNES LONDON on the basis of proposed use in association with retail department store services and a wide variety of wares. London Drugs opposed on the basis of registrability, entitlement and distinctiveness, including confusion with pending applications for LONDON DEPARTMENT STORES, LONDON PREMIERE and LONDON GOURMET. The Trade-marks Opposition Board member did not find confusion, and dismissed the opposition. Generally speaking, the common use of the word LONDON was not found to be confusing as the use of the word as a geographic designation is not inherently distinctive. The marks were otherwise not found to be similar in appearance, sound or ideas suggested.

On appeal London Drugs filed new evidence, but it was not found to have been sufficient to materially affect the Officer’s findings of fact. The decision was found to be reasonable and therefore the appeal was dismissed.