From the Supreme Court of Canada legal briefs;

The Respondent Glenora, a distiller located in Nova Scotia, applied to register GLEN BRETON as a trademark for use in association with its whisky. The application was opposed by the Scotch Whisky Association, which took exception to Glenora using a mark prefixed with the word “glen” for its whisky. It claims that the use of “glen”-prefixed marks in association with several well-known single malt Scotches (Glenlivet, Glenmorganie, and Glenfiddich) has resulted in an association between the word “glen” and whiskies distilled in Scotland. The grounds of opposition were premised on this alleged association. The Trade-marks Opposition Board rejected the Association’s objection. Although there was evidence of “glen”-prefixed marks used by Scotch whisky distillers, the use was not sufficiently widespread as to have instructed Canadian consumers to associate the word “glen” with Scotch whiskies. Accordingly, it found that “glen” had not become recognized through “ordinary and bona fide commercial use” as designating the geographic origina of whisky, and was not a prohibited mark pursuant to s. 10 of the Trade-marks Act . The Association’s application for judicial review, which was accompanied by significant new evidence on the issue of confusion in the marketplace, was allowed and the Registrar of Trade-marks was directed to refuse Glenora’s application to register GLEN BRETON. The C.A. allowed an appeal and directed the Registrar to allow Glenora’s application to register GLEN BRETON.
Scotch Whisky Association v. Glenora Distillers International Ltd. (Fed. C.A., January 22, 2009) (33079) “The application for leave to appeal…is dismissed with costs.”