Case No. IP-2021-000046

122.C’s case is that D1 filed its 2015 Trade Marks after C had acquired substantial and actionable goodwill in its business of selling and renting commercial cleaning equipment by and under reference to the C’s ICE Sign and C’s Ice Logo, so D1’s 2015 Trade Marks in respect of floor cleaning machines in class 7 are liable to be prevented by virtue of the law of passing off and are invalid under sections 47(2) and 5(4)(a) TMA. 123.D1’s primary position is that it is entitled to rely on section 48 TMA (acquiescence) such that C has ceased to have any entitlement to challenge the validity of the marks, and I will come back to that. Its secondary position is that D1’s 2015 Trade Marks are not liable to be prevented by the law of passing off as there is insufficient goodwill, there is no misrepresentation and there is no evidence of damage.