General Mills, Inc v Maria & Nikitas Chritofis

This matter concerned an opposition by General Mills, Inc. (the Opponent) to the trade mark application by Maria & Nikitas Chritofis (the Applicant). The Opponent sought to prevent the registration of the Applicant's trade mark, arguing it was substantially identical with or deceptively similar to its own registered trade mark. The hearing officer, Nicole Worth, was tasked with determining whether the grounds of opposition were established.

The primary legal issue before the hearing officer was whether the Applicant's proposed trade mark was substantially identical with or deceptively similar to the Opponent's registered trade mark, pursuant to section 44 of the *Trade Marks Act*. This required an assessment of both the trade marks themselves and the similarity of the goods in respect of which they were to be registered. The onus was on the Opponent to prove its grounds of opposition on the balance of probabilities.

In her reasoning, the hearing officer compared the trade marks side-by-side, noting that the Applicant's mark, "NATURE'S VALLEY," was substantially identical to the Opponent's registered mark, "NATURE VALLEY," finding the addition of the possessive "S" to be a trifling variant. The assessment then turned to whether the goods were of the same description, considering the potential for purchasers to perceive the same trade origin if the marks were used on similar products. The hearing officer adopted a pragmatic approach, acknowledging the extensive specifications of goods for both parties.

Ultimately, the hearing officer found that the Opponent had partially met the onus of proof. While a conflict was identified in relation to some goods, it was not established for all. The application was refused in respect of goods not specifically discussed and found to be sufficiently different. The Applicant was granted one month to amend its goods specification to those identified as not conflicting. In the absence of such amendment, the application would be refused entirely. No order as to costs was made, with each party to bear its own costs.