Saint Honore Cake Shop Limited v. Cheung's Bakery Products Ltd., 2013 FC 935

An appeal has been dismissed, finding that two trade-mark applications are confusing with the respondent’s trade-marks with respect to the overlapping wares. The applications, CHINESE CHARACTERS DESIGN [the mark] and SAINT HONORE CAKE SHOP & CHINESE CHARACTERS DESIGN were based on a proposed use while the respondent’s marks had been used for decades. The fact that the marks were in Chinese characters did not change the result as a substantial portion of the respondent’s actual consumers would be able to read and understand Chinese characters.