To: The Registrar of Trade-marks, Ottawa, Canada
In the matter of an Opposition by ELECTRONIC FRONTIER CANADA to application number 712659.
20 Richmond Avenuehereby gives notice of opposition to the proposed registration of the trade-mark advertised under the above number in the issue of the Trade-marks Journal dated August 2, 1995. The grounds of opposition are as follows:
Kitchener, Ontario N2G 1Y9
The Trade-mark is not registrable
The term "THE NET" is known as a short form for a computer telecommunication network referred to as "the Internet". The Internet is widely perceived as being under the sponsorship or control of various governments. To allow the applicant the use of the proposed trade-mark would be likely to lead to the belief that the wares and services have been produced, sold or performed under governmental approval or authority which is prohibited.
The term "THE NET" has by ordinary and bona fide commercial usage become recognized in Canada as designating electronic communication services associated with the computer intercommunication network also referred to as "the Internet". Accordingly, the use by the applicant of the phrase would mislead members of the public into believing that the place of origin of the wares or services to be offered by the Applicant was the Internet to which the Applicant does not have exclusive rights.
The term "THE NET" is known in the English language as the name of a number of different software applications and information management and electronic messaging services also referred to as "the Internet".
The applicant proposes use of the trade-mark with wares and services which include wares described, in part, as software and services described, in part, as information management and electronic messaging telecommunication services. The trade-mark is merely the name, therefore, in the english language of such services.
Not Person Entitled to Registration
The proposed trade-mark is currently in actual use by a person known as Wordlinx Telecommunications and such use is with the knowledge of the Applicant.
Trade-mark not Distinctive
Since the time of the application, the Applicant has permitted Worldlinx Telecommunications to use marks which include: "TheNet:Plus", "TheNet:Mail", "TheNet:Forms", "TheNet:Database Gateway", "TheNet:EDI", and "TheNet:FaxOnDemand". Each of these trade-marks is sufficiently similar with the proposed trade-mark to no longer distinguish wares and services sold under one mark with any other mark.
Suite 700, Four Hughson Street Southas the person upon whom service of any document in respect of the opposition may be made with the same effect as if it had been served upon the opponent.
Hamilton, Ontario L8N 3Z1
EXECUTED at Hamilton this 29th day of September, 1995.
ELECTRONIC FRONTIER CANADA by its
trade-mark agent MARCEL D. MONGEON
MARCEL D. MONGEON