Case No. IP-2021-000046

(1)A trade mark shall not be registered if it is identical with an earlier trade mark and the goods or services for which that trade mark is applied for are identical with the goods or services for which the earlier trade mark is protected. (2)A trade mark shall not be registered if because – a.It is identical with an earlier trade mark and is to be registered for goods or services similar to those for which the earlier trade mark is protected, orb.It is similar to an earlier trade mark and is to be registered for goods or services identical with or similar to those for which the earlier trade mark is protected, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark.(3)A trade mark which – a.Is identical with or similar to an earlier trade mark…b.…shall not be registered if, or to the extent that, the earlier trade mark has a reputation in the United Kingdom and the use of the later mark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark.…(3A) Subsection (3) applies irrespective of whether the goods and services for which the trade mark is registered are identical with, similar to or not similar to those for which the earlier trade mark is protected.(4)A trade mark shall not be registered if, or to the extent that, its use in the United Kingdom is liable to be prevented – a.By virtue of any rule of law (in particular, the law of passing off) protecting an unregistered trade mark or other sign used in the course of trade…b.…