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ARTICLE · 09 MAY 2016

GAP's Unused Trade Mark Advantageous In Opposing Third Party Application

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The famous GAP brand has succeeded in opposing a third party's registration of "The GapTravel Guide", in the High Court of England and Wales.

United KingdomIntellectual Property
Gowlings TV
Gowlings TV
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The famous GAP brand has succeeded in opposing a third party's registration of "The GapTravel Guide", in the High Court of England and Wales.

The judgment, Gap (ITM) Inc v British American Group Limited [2016] EWHC 599 (Ch) (21 March 2016), of deputy judge John Baldwin QC, is available here.

Background

In January 2014, British American Group Ltd sought to register "The GapTravel Guide" as a UK trade mark in respect of the services of 'magazine publishing' in class 41. The application was opposed by Gap (ITM) Inc, which owns trade marks used in relation to GAP branded clothing stores, on numerous grounds. The UK IPO Hearing Officer dismissed Gap's opposition, but it appealed the Hearing Officer's decision to the High Court.

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