Brands with a strong reputation in the UK enjoy broader rights than those which do not. Natalie Chant, Solicitor and Paul Cox, Partner provide further insight.
In a recent case before the Intellectual Property Enterprise Court (IPEC), Claridge’s, the luxury London hotel, brought a claim against candle maker Claridge Candles and its owner and sole director for trade mark infringement and passing off. Claridge's Hotel is a well-known hotel in London which has traded under the brand CLARIDGE'S since 1889. Claridge Candles is a small company based in Kent, England which sold candles and reed diffusers since around September 2018 and planned to sell other goods....
Further, Claridge's Hotel brought a claim for passing off (namely that the relevant public would believe that the goods offered by Claridge Candle's originated from or are licensed by Claridge's Hotel). In its defence, Claridge Candles sought to revoke some of Claridge's Hotels trade marks for non-use on the basis that they had not been used for five years or more. This was done to limit the scope of the hotel's claim under section 10(2) the Act. Following this, Claridge's Hotel did surrender a trade mark and partially surrender another.
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