IPEC Delivers Split Decision in Wise Trade Mark Dispute

The Intellectual Property Enterprise Court has handed down judgment in a dispute between Wise Payments Limited and With Wise Limited concerning use of the sign “Wise”. Wise Payments, the fintech firm formerly known as TransferWise, relied on its registered figurative mark and the word mark TRANSFERWISE to allege infringement and passing off. With Wise, which provides onboarding and payroll software to the logistics sector, counterclaimed for passing off and sought partial invalidity of the registrations on bad-faith grounds.

Applying the SkyKick principles, the court found the Class 9 specifications overly broad and cut them back to software relating to financial services. It held that Wise Payments’ figurative mark was infringed in relation to payroll and invoicing services, yet the passing-off claim failed because With Wise had earlier goodwill in the mark for its specialist services. Conversely, With Wise succeeded on its passing-off counterclaim, establishing that Wise Payments’ later rebrand caused confusion and reputational harm.

The outcome underscores that registered and unregistered rights operate independently and can produce a stalemate. Small-business owners should perform clearance searches immediately before launch and document the precise goods or services they intend to offer under a new mark.