UKIPO Upholds Rival Strength Trade Marks in Dispute

In consolidated invalidity proceedings decided on 30 June 2026, the UK Intellectual Property Office considered rival registrations for marks incorporating the word RIVAL in classes 20, 25, 27, 28 and 35. Rival Strength Ltd’s earlier mark faced a challenge from Indoor Sport Services Limited under section 5(4)(a) of the Trade Marks Act 1994 on the basis of passing off. Rival Strength counter-challenged three later marks owned by Indoor Sport Services. The hearing officer found that Rival Strength had established sufficient goodwill and that its mark remained valid. The opponent’s marks were declared invalid in their entirety on relative grounds, including likelihood of confusion and reputation. Costs of £3,300 were awarded to Rival Strength. The decision turned on evidence of use, the distinctiveness of the marks and the similarity of the goods and services concerned.

Small-business owners should maintain clear records of first use and marketing spend to support or defend trade mark rights in registry proceedings.

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**Sources**

- <https://www.ipo.gov.uk/t-challenge-decision-results/t-challenge-decision-results-bl?BL_Number=O/0554/26> - <https://ipo.gov.uk/t-challenge-decision-results/o055426.pdf>