Raoul Newmen Has Been Operating a Shoe Store, Newmen's Shoes

Raoul Newmen has been operating a shoe store, Newmen's Shoes, in Ottawa for the past 10 years. His business is registered in Ontario as an Ontario Corporation. His store sign reads: NEWMEN'S SHOES™. In 1999, a mega- shoe chain from the US, NewMensShoes, opened up its first Ottawa location. NewMensShoes has been operating in Canada since 1989, at which time it had registered its Canadian trademark: NewMensShoes®. NewMensShoes is irritated because it spends a fortune on advertising, yet people inevitably make the mistake of going to Raoul's store for shoes. Raoul is irritated because he had been running his store without hassle until the mega- shoe corporation showed up. NewMensShoes has started an action claiming trademark infringement. Which of the following is most accurate?

A) If there is a trademark dispute, the onus will be on Raoul to prove that he held rights to the name first.
B) Raoul should have put the symbol ® on his sign.
C) If there is a trademark dispute, the onus will be on NewMensShoes to prove that it held rights to the name first.
D) Raoul is not allowed to put the symbol ™ on his sign.
E) There is no trademark infringement.