TIK TOK INTERNATIONAL LIMITED v TIKTOK INFORMATION TECHNOLOGIES UK LIMITED

TIK TOK INTERNATIONAL LIMITED v TIKTOK INFORMATION TECHNOLOGIES UK LIMITED

The Hearing Officer was entitled to find the Earlier Mark inherently distinctive, to find a low degree of similarity between the goods and services, and to conclude there was a likelihood of confusion given the identity of the marks. No error of principle or misdirection was found.

Parties
Appellant (registrant): Tik Tok International Limited; Respondent (applicant for Cancellation): TikTok Information Technologies UK Limited
Jurisdiction
England and Wales
Judgment Date
18 May 2022
Procedural Posture
Trade Mark Appeal / Appeal From Registrar's Decision
Outcome
Appeal dismissed
Legal Topics
Trade Marks, Likelihood of Confusion, Distinctiveness, Similarity of Goods and Services

Case Brief

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Parties

Tik Tok International Limited

Appellant (registrant)

TikTok Information Technologies UK Limited

Respondent (applicant for Cancellation)

Procedural Posture

Trade Mark Appeal / Appeal From Registrar's Decision

  1. 1 Whether the Hearing Officer erred in finding the Earlier Mark inherently distinctive
  2. 2 Whether there was similarity between the goods and services of the marks
  3. 3 Whether there was a likelihood of confusion under section 5(2)(a) of the Trade Marks Act 1994

Ratio Decidendi

The Hearing Officer was entitled to find the Earlier Mark inherently distinctive, to find a low degree of similarity between the goods and services, and to conclude there was a likelihood of confusion given the identity of the marks. No error of principle or misdirection was found.

Court Disposition

Appeal dismissed