The Trademarks Opposition Board (the “TMOB”) has refused trademark applications for the marks AGX and AGX COIN because they were considered to be confusing with previously registered trademarks for the mark AGF.

The Applicant, LODE Global Corporation, had filed applications for the marks AGX and AGX COIN in association with goods and services relating to digital and virtual currency. The Opponent, AGF Management Limited, owned registrations for various AGF marks in association with financial services, including the management of investment and mutual funds. The statements of opposition filed by the Opponent alleged that the Applicant’s trademarks were confusing with the Opponent’s AGF trademark registrations.

In its decision, the TMOB reviewed the factors for confusion set out in s. 6(5) of the Trademarks Act. The TMOB concluded that the AGX marks and the AGF marks were confusing given the high degree of resemblance between the marks, the longstanding and extensive use of the Opponent’s AGF marks, and the overlap in the nature of the parties’ goods and services.

Regarding the degree of resemblance between the marks, the TMOB was of the view that none of the marks possess a particularly striking or unique aspect to them and that the marks’ similarities outweighed their differences.

In terms of the nature of the parties’ goods and services, the TMOB noted that it was ultimately the statement of goods and services in the Applicant’s applications and the Opponent’s registrations that govern the assessment of the likelihood of confusion. The TMOB concluded that there were no restrictions in the statement of goods and services in the Opponent’s registrations that would rule out the Opponent’s ability to incorporate technologies similar to those of the Applicant in the Opponent’s provision of its financial services.

A copy of the decision is available here.