British American Group Ltd -v- GAP Inc 2016 EWHC 599 (CH)
This was an appeal from the Hearing Officer in the Trade Marks Registry. On the appeal the Hearings Officer’s finding of fact on the identification of the average consumer for magazine publishing services as a business was overturned, the Deputy Judge deciding that it “does not accord with practical commerce”; and that the general public was the appropriate average consumer for these services. The Deputy Judge also overturned the assessment of similarity based on his conclusion that the conceptual similarity for both the mark applied for and the opponent’s mark was the same for a limited subset of the services applied for.
Jacqueline Reid appeared for the Respondent.
British American Group Ltd -v- GAP Inc 2016 EWHC 599 (CH)