October 2025
Brands and Advertising
IPEC issues judgment on Notting Hill trade mark ownership, renewal and passing off
On 18 September 2025, IPEC issued a judgment concerning trade mark infringement and passing off relating to Notting Hill bag branding. The court holds that the mark passed 'bona vacantia' ('ownerless goods') to the Crown on dissolution, that an attempted renewal by a connected party without Crown permission was ineffective, and that the mark was not renewed within the grace period after restoration. The claimants therefore lacked standing and the mark was also liable to revocation for non-use.
The court finds no protectable goodwill for passing off because goodwill was not assigned with the business, was extinguished on dissolution, and was not evidenced by the relevant date.
Businesses should verify chain of title, ensure renewals are made by or with consent of the owner, align company restorations with IP maintenance, and evidence goodwill or assign it with the underlying business.
Our quick guide to trade mark protection in the UK and EU here.
High Court issues judgment on easyGroup v Premier Inn trade mark dispute over Rest Easy
On 29 August 2025, the High Court issued its judgment dismissing easyGroup’s claims that Premier Inn’s Rest Easy branding infringes its trade marks and rejecting related invalidity claims against Premier Inn’s mark.
The Court found no infringement under section 10(2). The Rest Easy Apartments word mark has very low distinctiveness, the similarity with Premier Inn’s Rest Easy lock-up is low, the services are of medium similarity, and there is no likelihood of confusion. Use of rest easy in ordinary marketing copy is not use as a badge of origin.
The section 10(3) claims also fail. easyHotel has reputation and moderate enhanced distinctiveness only for hotel and temporary accommodation, the easy figurative mark has no proven reputation for the relevant services, the similarity with Premier Inn’s signs is very low, there is no link, and neither detriment nor unfair advantage is established. Absence of actual-confusion evidence over almost four years is significant. Survey evidence is given little weight; family-of-brands points are not available where disavowed.
The application to invalidate Premier Inn’s registration under sections 5(2) and 5(3) is dismissed. Businesses can generally adopt common idioms as straplines if used descriptively or clearly within their own distinctive branding. General counsel should assess slogan use for trade mark sense, monitor for evidence of confusion, and avoid overreliance on descriptive elements to found exclusivity.
Read more about trade mark descriptions in our recent updates here.
UK IPO launches consultation on modernising design rights
On 4 September 2025, the UK IPO launched a 12-week consultation to modernise the UK design protection system. The consultation seeks views on reforms to improve novelty examination and address bad faith filings, streamline processes across registered and unregistered designs, and manage post-Brexit protection gaps.
Proposals include deferment of publication for up to 18 months, clearer guidance, a dedicated IPEC small claims track for design disputes, and acceptance of digital formats such as video and CAD, alongside questions on AI-generated designs.
Businesses should review design portfolios, enforcement strategies and disclosure practices, and consider responding by 27 November 2025.
Read more about the upcoming changes to design law in the UK from Louise Popple here.
