Gap (ITM) Inc v British American Group Ltd

Trade mark – Opposition. The Chancery Division allowed Gap's appeal against a decision dismissing its opposition, under s 5(2)(b) of the Trade Marks Act 1994, to an application by British American Group Ltd (BAGL) to register 'The GapTravelGuide' as a trade mark in respect of the services of magazine publishing in Class 41. The hearing officer had erred in concluding that the average customer would generally be a business and there had been inconsistency in his reasoning in certain paragraphs of his decision. There was a risk of likelihood of confusion between the 'GAP' trade mark and the mark which BAGL sought to register.

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