Yat Sun Food Products Ltd v. Griffith Foods International Inc, 2025 FC 1688
Justice Fuhrer - 2025-10-10
Read full decision. Generated by ChatGPT:
The central issue in this case involved whether the Trademarks Opposition Board erred in finding that two nearly identical trademarks—one for bean sprouts and the other for sauces and seasonings—could coexist without causing confusion due to differing channels of trade and nature of goods. Upon review, it was determined that new material evidence revealed significant overlap in business operations and channels of trade, justifying a de novo review of confusion likelihood factors. The Court found that the trademarks are almost identical, and despite differing distinctiveness and market presence, the overlapping nature of the goods tipped the balance in favour of the opponent. Consequently, the Trademarks Opposition Board's decision was set aside, and the opposition upheld on grounds of registrability, entitlement, and distinctiveness, leading to the refusal of the junior application for the contested trademark.
Decision relates to:
- T-3685-24 - Yat Sun Foods Products Ltd. v. Griffith Foods International Inc.