Harper James Solicitors has helped one of the UK’s leading beauty firms win a trade mark dispute which had the potential to unfairly damage its European expansion plans. Blow Ltd, who offer salon-grade hair and beauty services at home, were concerned about a European trade mark application, which had been lodged by a rival beauty company.
The competing business were proposing to use the name ‘Blow Salons’ across Europe alongside a logo which was similar to the one already being successfully used by our client. With expansion into the EU a key part of their future plans, Blow Ltd were concerned about the potential impact this could have on their business.
‘The use of the trade mark was potentially confusing to customers,’ commented Adam Fraser-Harris, Chief Financial Officer of Blow Ltd. ‘It raised the risk many could think Blow Ltd were the providers of the service. That’s why we turned to Harper James Solicitors.’
On behalf of Blow Ltd, our intellectual property experts filed an opposition citing Article 8(1)(b), and Article 8 (5) of the European Trade Mark Regulation (EUTMR) Act. After a review by officials at the EUIPO, who oversee European trademark law, it has been concluded there was ‘a likelihood of confusion on the part of the English-speaking part of the public for all the contested services.’
The EUIPO added, therefore, that the opposition lodged by Blow Ltd had been ‘well-founded’ and ruled the application should not be granted. The rival company will now have to pay a contribution towards costs relating to the case.
Commenting on the decision, Harper James Solicitor’s intellectual property partner Lindsay Gledhill said: ‘I’m pleased that the strategy we worked out with our client was vindicated by the successful outcome and that our client is now poised to implement its future plans.’
Complimenting the service we provided, Blow Ltd’s CFO Adam added: ‘Lindsay Gledhill and Ed Kilner were great, very efficient, proactive and offered the right balance of hard work and good advice. Most importantly, they helped to deliver the right outcome.’
Co-founded in November 2013 by former Editor-in-Chief of Grazia and Elle, Fiona McIntosh and Dharmash Mistry, a venture capitalist and entrepreneur, Blow Ltd has become a one-stop beauty app. They have found success following a surge in demand for at-home beauty services and are now the leading provider of on-demand beauty services in the UK.
Last year Blow Ltd closed a £1.9m fundraise from Unilever Ventures, alongside 530 investors on the investment platform Seedrs. It was Blow Ltd’s third investment round on Seedrs, having previously raised £1.5 million in investment on the platform.
With a unique multi-channel model including physical store hubs and on-demand services across the UK, customers can book and rate professionals via a mobile app or online around the clock. Just as tech-enabled food delivery and taxi services have transformed their respective industries, consumers now expect the same speed and convenience from the £15 billion UK beauty services industry.