Could the Trademark ‘ELLIS’ be Considered Confusingly Similar to ‘ELLESSE’ Under the UK Trade Marks Act 1994?

Question from Robbo, Could the Trademark ‘ELLIS’ be Considered Confusingly Similar to ‘ELLESSE’ Under the UK Trade Marks Act 1994?

Answer from AI:

The UK Trade Marks Act 1994 provides the legal framework for determining whether two trademarks are confusingly similar. According to Section 10 of the Act, a trademark may infringe upon another if it is identical or similar to an earlier trademark, and is used in relation to goods or services identical or similar to those for which the earlier trademark is protected.

Assessing Similarity

The assessment of similarity involves a comparison of the marks visually, aurally, and conceptually. The overall impression given by the marks, including their distinctive and dominant components, is considered.

In the case of ‘ELLIS’ and ‘ELLESSE’, a court would likely consider factors such as:

• The visual similarity between the two marks
• The phonetic similarity when the marks are pronounced
• The conceptual similarity, if any, between the two marks

Confusion

The Act also requires that there be a likelihood of confusion on the part of the public. This includes the likelihood that the public might believe that the goods or services come from the same company or, if not the same company, from economically-linked companies.

Case Law

Case law, such as the SABEL BV v Puma AG case, has established that the likelihood of confusion must be appreciated globally, taking into account all relevant factors. This includes the recognition of the trademark on the market, the association which can be made with the used or registered sign, and the degree of similarity between the sign and the mark and between the goods or services identified.

Legal Advice

Determining whether ‘ELLIS’ would be considered confusingly similar to ‘ELLESSE’ under the UK Trade Marks Act 1994 would require a detailed analysis of these factors. It’s important to note that this is a complex area of law and the outcome can often be unpredictable. Therefore, it is strongly recommended that you seek professional legal advice if you are considering using a trademark that may be similar to an existing one.

For more information, you can refer to the UK Trade Marks Act 1994 and the UK Intellectual Property Office’s guide on protecting your intellectual property.