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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the Hearing Officer erred in finding the Earlier Mark inherently distinctive
- 2 Whether there was similarity between the goods and services of the marks
- 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
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