In the recent decision of Sobeys Capital Incorporated v. CCP Productos, S.A.P.I. de C.V., the Trademarks Opposition Board (TMOB) allowed an opposition filed by Sobeys, finding that the applied-for trademark VUALA is confusingly similar to Sobeys’ VOILA marks.

The TMOB considered whether the VUALA mark, filed for use with bread, cookies, frozen confectionery, and pastries, created a likelihood of confusion with Sobeys’ VOILA marks, used in connection with online grocery ordering and delivery services. The TMOB found that even though the visual resemblance between the marks was only moderate, the phonetic and conceptual similarities were enough to raise confusion concerns, especially among average Canadian consumers with only an imperfect recollection of the VOILA marks.

Sobeys also established extensive use and acquired distinctiveness of the VOILA brand across Canada through significant marketing. In contrast, CCP Productos offered no evidence of use or reputation in Canada of the VUALA mark.

Given the overlapping nature of the parties’ goods and services, the TMOB concluded that the marks could reasonably be seen as originating from the same source. As a result, the application for VUALA was refused.