Maxie P, a toy manufacturer of a well know toy truck for children, with the trademark "Maxie Drive" opposed the application of the owner in the Toronto area to register her "Maxie's Dining" trade mark and a related design. The owner of the small fast food chain had used Maxie as a trademark since 1996 in order to designate its restaurant takeout and dining services.

If the Trademark Office was to allow the registration , as they believed there was unlikely to be confusion between Maxie P the toy manufacturer and Maxie's Dining the fast food chain, do you believe that if this matter ended up in Canada's highest Court - the Supreme Court of Canada, this Court would agree with Maxie P the toy manufacturer? Provide reasons for your answer based on your knowledge of Intellectual Property Law.