January 3, 2018:
On 6th May 2018, Tasty Snacks filed an application to register their trademark at the United Kingdom Intellectual Property Office (UKIPO). The applied mark is a red and gold mark with the word ‘‘lush’’ in white colour.
Covering a range of products, including a mixture of nuts and crisps.
However, Lush Cosmetics opposed the registration stating the applied-for mark infringes two of their Trademarks for products including perfumes, shampoos etc.
In the opposition, Lush Cosmetics claimed that the applied-for mark of Tasty Snacks infringed two of their registered Trademarks.
There is a reputation of Lush’s Trademarks in the United Kingdom. The applied marks of Tasty Snacks can confuse the customers.
They can erroneously believe that there is a connection between the two companies. They further claimed that their reputation would provide an unfair advantage to the food manufacturer.
The plaintiff Lush Cosmetics stated that the consumers would assume that there is a link between the two companies. They can further assume that the products of Tasty Snacks would meet their ethical standards. The confusion would be detrimental to the reputation of Lush.
They further claimed that the reputation of their natural products will suffer due to Tasty Snack’s marks. Moreover, the quality of the foods produced by the food manufacturer can be of inferior quality.
This can further damage the reputation of the products of Lush Cosmetics.
On 14th December, the UKIPO ruled in favour of registering Tasty Snack’s marks. In their ruling, they said the link between the Trademarks of two companies is not strong enough.
Their products do not have any similarities between them in terms of nature or method of use.
They further ruled that the allegation of inferior quality food products is not based on proper evidence.