The parties and the trade marks
Proceedings for trade mark infringement and passing off were
brought in October 2018 before the Intellectual Property Enterprise
Court by the owner of the famous London Mayfair hotel,
Claridge's, against a newly established seller of self-branded
scented candles and diffusers, Claridge Candles Limited and its
owner/sole director.
Claridge's owned two UK trade mark registrations for the
word mark "CLARIDGE'S". One mark was registered
solely for goods in Class 21 (household utensils). Prior to the
start of the trial, this mark was voluntarily surrendered, and the
specification of the second mark (the
"Mark") narrowed.
On 8 January 2018, Claridge Candles filed an application for a
UK trade mark for the word mark "CLARIDGE", to cover a
number of specified goods in classes 3 and 4, which would
subsequently appear on the company's candles and diffusers.
Claridge's opposed this application and the UK IPO stayed the
opposition pending
