Opposition by Grand River Enterprises Six Nations Ltd to registration of trade mark application number 1955363 (Classes 5, 29, 31, 34) – MOHAWK - in the name of Aphria Inc.

This matter concerned an opposition by Grand River Enterprises Six Nations Ltd (the Opponent) to the registration of the trade mark application number 1955363, namely "MOHAWK", in the name of Aphria Inc. (the Applicant). The opposition was brought under various sections of the *Trade Marks Act 1995* (Cth), including sections 42(b), 43, 60, and 62A. The proceedings were heard by Blake Knowles, a Hearing Officer and Delegate of the Registrar of Trade Marks.

The legal issues before the Hearing Officer were whether the Opponent had established any of the grounds of opposition relied upon, specifically concerning the potential for the trade mark "MOHAWK" to mislead or deceive, or to cause confusion, in relation to the goods and services for which it was sought to be registered. The Opponent bore the burden of proving these grounds on the balance of probabilities, with the rights of the parties assessed as at the relevant date.

The Hearing Officer found that the Opponent had not established any of the grounds of opposition. In particular, the Hearing Officer was not satisfied that the trade mark was likely to cause confusion or to mislead or deceive, and therefore, section 42(b) was not established. For similar reasons, section 43 was also not established. Consequently, the Hearing Officer decided that the trade mark should proceed to registration.

The Hearing Officer ordered that the trade mark should proceed to registration one month from the date of the decision, unless a notice of appeal was served on the Registrar of Trade Marks within that period, in which case registration would be deferred until the appeal was withdrawn or discontinued. The Applicant sought and was awarded costs against the Opponent, as costs typically follow the event.