Interestingly enough, I did do a quick Trademark search, and it turns out that, while the "James Bond 007 & Gun"[0] is a registered trademark in Canada, the name "James Bond" is not yet trademarked[1]. There is a search done and a proposed usage, but a registration has not yet taken place. Looks like the next action taken on the file will be on Jan 31st, 2015.
I admit, though, it's pretty murky territory. Even the government site I used to search this indicates that the information may not be reliable, as some of it is provided via 3rd party.
Yes, registered trademarks are a different beast to mere trademarks where as you say it is normally required to prove confusion.
But the "confusion" in question is not just that this mark sounds like another it is that the public will be confused about the origin of the goods that the trademark is applied to. Trademarks indicate the origin of goods or services.
So, if your film is "valleyer's presentation of James Bond, not associated with the estate of A R Broccoli" then clearly no member of the public will be confused and by rights you should then be free to use an unregistered mark. Sadly money has a way of talking louder than democracy.
I admit, though, it's pretty murky territory. Even the government site I used to search this indicates that the information may not be reliable, as some of it is provided via 3rd party.
[0]http://www.cipo.ic.gc.ca/app/opic-cipo/trdmrks/srch/vwTrdmrk... [1]http://www.cipo.ic.gc.ca/app/opic-cipo/trdmrks/srch/vwTrdmrk...