NIPC Law

Jane Lambert Chancery Division   (Mr Justice Birss) Nicoventures Holdings Ltd v The London Vape Company Ltd [2017] EWHC 3393 (Ch) (21 Dec 2017)  On 26 Oct 2016, Nicoventures Holdings Limited applied to register the above trade mark for: electronic cigarettes; cartridges for electronic cigarettes; liquids for electronic cigarettes; cigarettes containing tobacco substitutes; tobacco substitutes; cigarettes; tobacco; tobacco products; cigarette cases; cigarette boxes in class 34; and retail store services connected with the sale of e-cigarettes, electronic cigarettes, liquid solutions for use in electronic cigarettes, tobacco, smokers' articles, matches, personal vaporisers and electronic cigarettes and flavourings and solutions therefore in class 35. The application was opposed by The London Vape Company Ltd. under s.5 (2) (b) of the Trade Marks Act 1994.  The earlier trade mark upon which the opponent relied was the following mark: ...

Amsterdam   Source Wikipedia According to Wikipedia  Red Bull is the most popular energy drink in the world, with 5.2 billion cans sold in 2012. Its manufacturer, Red Bull GmbH , has registered the RED BULL mark has registered those words and their accompanying logo as word and device marks in trade mark registries around the world including the Benelux Office for Intellectual Property ( "BOIP" ) . The company registered that sign with BOIP for non-alcoholic drinks in class 32 with effect from 11 July 1983. After decades of massive sales and extensive advertising nobody could argue that that mark has a reputation within the meaning of art 5 (2) of the Trade Marks Directive (Directive 2008/95/EC of the European Parliament and the Council of 22 October 2008   to approximate the laws of the Member States relating to trade marks OJ 8.11.2008 p 299/25).  S.10 (3) of our Trade Marks Act 1994   implements that provision. There is in the Net...