The car company Bentley lost a trade mark invalidity battle against UK based clothing company Bentley. The clothing company is using the trade mark BENTLEY since 1962 and in 2009 had got the trade mark registration at UK Intellectual Property Office. The trade mark covers only class 25-viz, clothing and apparels.
In 2015 Bentley applied for the invalidity of the trade mark of, saying that the trade mark is confusingly similar to those protected by the motor cars European trade marks.
The argument of Bentley Motors was that, it has acquired tremendous reputation and goodwill in manufacturing high-end luxury cars. That the Bentley mark is used for handbags, jewellery, clothing since 1920 and by 2008 it acquired goodwill in that trade mark.
Bentley, in their counter statement provided that Bentley motors do not have any goodwill or reputation in the class listed.
The IP office held that though Bentley motors proved the requirement of use, the defendant would not cause unfair advantage of Bentely Motors.