APT Training & Consultancy Ltd & Anor v Birmingham & Solihull Mental Health NHS Trust
Decision date: 9 January 2019
Neutral citation: [2019] EWHC 19 (IPEC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
The claimants, owners of registered UK and EU word marks "RAID" used for mental-health training, sued Birmingham & Solihull Mental Health NHS Trust for use of "RAID" in relation to a RAID service, training, and the RAID Network. The judge found the Trust had used the sign in the course of trade, that plain word uses were identical to the registered marks (the Trust's stylised sign was not identical but highly similar), and that those uses gave rise to a likelihood of confusion; infringement under the relevant trade mark provisions was declared. Because infringement was found under ss.10(1) and 10(2) TMA / Articles 9(2)(a) and 9(2)(b) EUTMR, the judge did not determine s.10(3) or passing off.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: high
Use by a non-profit public body can amount to "use in the course of trade" where services are offered on the market, commissioned and provide an economic advantage; a plain word mark used unchanged on websites, correspondence and materials is identical to the registered word mark, while a stylised rendition may avoid identity if it produces a distinct overall impression but can still be highly similar.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The judgment indicates that distinctive stylising elements (for example graphic "rays") can be decisive in creating a different overall impression from a word mark, and that internal or informal training which is publicly accessible or actively promoted externally is unlikely to be treated as purely internal use and may constitute genuine/public use.