(Statement of Opposition to an Application
for Registration of a Trade-mark)

To: The Registrar of Trade-marks, Ottawa, Canada

In the matter of an Opposition by ELECTRONIC FRONTIER CANADA to application number 712659.

The undersigned, ELECTRONIC FRONTIER CANADA the full post office address of whose principal office or place of business is :
20 Richmond Avenue
Kitchener, Ontario N2G 1Y9
hereby 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:

The Trade-mark is not registrable

The proposed trade-mark "THE NET" is not registrable as a trade-mark as it is prohibited under paragraph 9(1)(d) of the Trade-marks Act.

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 proposed trade-mark "THE NET" is not registrable as a trade-mark as it does not comply with section 10 of the Trade-marks Act.

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 proposed trade-mark "THE NET" is not registrable as a trade-mark as it does not comply with paragraph 12(1)(c) of the Trade-marks Act.

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 Applicant is not the person entitled to the registration of the trade-mark because the Applicant has no intention to use the trade-mark itself.

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

The trade-mark applied for is not distinctive as the Applicant has allowed another person to use a confusingly similar trade-mark or trade-marks.

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.

The trade-mark "THE NET" is not distinctive in that the term is in common usage as another phrase for the Internet. Accordingly, the phrase is incapable of distinguishing the wares or services of the Applicant from any other usage of the Internet.

The applicant appoints MARCEL D. MONGEON (MARTIN & MARTIN) whose full post office address in Canada is:
Suite 700, Four Hughson Street South
Hamilton, Ontario L8N 3Z1
as 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.

EXECUTED at Hamilton this 29th day of September, 1995.

trade-mark agent MARCEL D. MONGEON