CCHG Ltd (t/a Vaporized) v Vapouriz Ltd

Intellectual property – Trade marks – Invalidity – Likelihood of confusion. Court of Session: Refusing an appeal by the registered proprietor of a trade mark (TM) against a hearing officer (HO)'s decision that its TM was invalid because it was similar to the respondent's TM which was earlier and had been registered in relation to identical goods such that there was a likelihood of confusion between the competing marks, the court held that the appeal failed on all three of the grounds of challenge advanced, namely that the HO had erred in his characterisation of the average consumer, when comparing the marks in issue, and in his assessment of the likelihood of confusion.

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