19 July 2019TrademarksSaman Javed

UKIPO dismisses TM opposition by Fashion One

The UK Intellectual Property Office ( UKIPO) has dismissed an opposition by global TV network Fashion One.

In a decision on Tuesday July 16, the UKIPO said a trademark application for the phrase ‘Highland Fashion Week’ filed by an individual, Grace Hay, does not infringe Fashion One’s earlier trademark.

Fashion One had disputed the application based on its mark for the term ‘Fashion Week’ written in bold black font, with a figurative element of a partially clothed torso with fabric adorn across the shoulder.

Hay had sought to register the ‘Highland Fashion Week’ mark in classes 35 and 411 for services including exhibitions, fashion shows and trade in the field of culture and entertainment.

Fashion One had argued that its earlier mark was registered for identical or similar services and that the marks were confusingly similar.

In its decision, the UKIPO found the services to be identical, but that the overall impression of the marks was similar to a low degree.

While the UKIPO said the phrase ‘Fashion Week’ were shared by both the earlier trademark and applied-for mark, tt said the figurative element of Fashion One’s earlier mark and the addition of ‘Highland’ in the applied-for mark were significant differences.

It said these “counteract any potential” confusion between the two marks.

As a result, the UKIPO said it was satisfied that “a consumer will not mistake one trademark for the other” and “there is no likelihood of direct confusion”.

“Even if the later trademark brought the earlier trademark to mind, which is considered doubtful, this is mere association and not confusion,” the UKIPO said.

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