Tuesday, March 7 2023   \  Published by Novagraaf .

Trademark infringement law: Differing indirect confusion definitions in the EU and UK

Trademark infringement law: Differing indirect confusion definitions in the EU and UK

Trademark disputes can have starkly different outcomes in different jurisdictions, as demonstrated by a number of parallel EU and UK oppositions. UK Trademark Attorney Mona Asgari examines the different positions taken by the EUIPO and UKIPO in a recent opposition based on indirect confusion and emphasises the importance of local representation.

It is becoming increasingly apparent that the UK Intellectual Property Office (UKIPO) and European IP Office (EUIPO) take a contrasting stance on how they perceive indirect confusion. Following Brexit, a number of UK and EU parallel oppositions demonstrate this, including the recent case of ASICS Corporation v World Champion Imprint Club Limited.

Both the UK Trade Marks Act 1994 and the EU Trade Mark Regulation expressly state that “the likelihood of confusion includes the likelihood of association with the earlier trademark”. However, in ASICS v World Champion Imprint Club, there was a stark contrast between the registries’ positions on this point of trademark infringement law. Read more

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