Table of contents
- What was the background?
- What did the court decide?
- Case details
Article summary
IP analysis: On an appeal from the Trade Marks Registry, the High Court has held that the hearing officer erred in law when deciding to uphold an opposition by The London Vape Company, a company selling electronic vaping products, to the registration of a trade mark by Nicoventures Holdings. Disagreeing with the hearing officer’s conclusion and taking into account the Whyte and Mackay principle, the court decided that there was no likelihood of confusion. The appeal was allowed and the opposition on section 5(2)(b) of the Trade Marks Act 1994 (TMA 1994) grounds was dismissed.
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