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 problems until the mega-shoe corporation showed up.NewMensShoes has started an action claiming trademark infringement.Which of the following is most accurate?

A) There is no trademark infringement.
B) If there is a trademark dispute, the onus will be on Raoul to prove that he held rights to the name first.
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) Raoul should have put the symbol ® on his sign.