IPEC Upholds Flowerbx Mark in Florist Dispute

The Intellectual Property Enterprise Court has upheld the validity of the FLOWERBX UK trade mark and found infringement by a rival florist using similar signs. In Flowerbx Ltd v Flowers Box London Ltd, Deputy Judge Amanda Michaels ruled that the mark, registered in 2017 for flowers and related services, was not descriptive despite being understood as “flower box”. The court held it possessed inherent distinctiveness for the goods and services at issue and had acquired enhanced distinctiveness through use by early 2019.

The claimant, founded in 2015 with strong fashion-industry links, demonstrated reputation in luxury and stylish floral design. The defendant, incorporated in 2019, used signs including FLOWERSBOX and FLOWERS BOX LONDON for identical goods and services. The judge found a high degree of similarity between the marks and substantial evidence of actual consumer confusion, including mistaken orders and contacts from venues. Infringement was established under sections 10(2)(b) and 10(3) of the Trade Marks Act 1994, with the defendant taking unfair advantage of the established reputation.

Small businesses should document marketing efforts and act swiftly on any signs of confusion to safeguard their marks.