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Every brand owner wants a uniform approach to protecting its marks around the world. The Madrid Protocol helps make that happen. But in Canada, unlike in many other jurisdictions, consent from the owner of a confusing mark will not overcome a confusion objection to registering a mark. That is the lesson from the Federal Court in Holding Benjamin et Edmond de Rothschild v. Canada (Attorney General). In Edmond de Rothschild, the Court found the consent to be incomplete and therefore too vague and unspecific.

Every brand owner wants a uniform approach to describing its goods and services around the world. The Madrid Protocol helps make that happen. But under Canadian trademark practice, uniformity can cost you a registration.The case of Supershuttle International, Inc. warns of this risk.