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likelihood of confusiondistinctivenessopposition
Nicoventures Holdings Ltd v London Vape Co Ltd
[2017] EWHC 3393 (Ch)
Key Principle
Where the only similarity between competing marks lies in a common element that is descriptive and of low distinctiveness, that points against a likelihood of confusion under section 5(2)(b) of the Trade Marks Act 1994, and a tribunal errs if it fails to factor the low distinctiveness of the shared element into its global assessment.
Area of Law
General
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