Trade Marks: Nicoventures Holdings Ltd v The London Vape Company Ltd
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: ...