Molson Breweries applied for trademark registration of the "Export" for one of its beers. A competitor, John Labatt Limited, objected to the registration on the basis that the word "Export" was descriptive and generic, not distinctive. The word was commonly used in the brewing industry to describe a type, standard, or grade of beer.

Labatt's position was that Molson was using the term "Export" in conjunction with the Molson name was descriptive of its bee, and that Molson should not be allowed to have exclusive right to use of the word. Other brewers had "Export" products as well, and Molson had not developed a standalone trademark.

Molson entered evidence to suggest that the term had acquired a distinct status as "Molson," but the court felt the standard was not met, and the registration of the mark "Export" was refused.

    Post a response to the following two questions:

        Do you agree or disagree with the court's decision?

        Explain by providing your reasons.

        Would "Molson's Ex" have fared better?

        Explain your reasoning.