Key Points:
Case Background:
- Plaintiff (opponent): iMiracle (HK) Ltd. – owner of the “Lost Mary” brand.
- Defendant (applicant): Shenzhen Sendao Technology Co., Ltd. – applied in 2022 to register the “Love Mary” trademark, covering e-cigarettes and related products.
- iMiracle argued that “Love Mary” was too similar to “Lost Mary,” likely to confuse consumers.
Main Dispute:
- The central issue was whether “Love Mary” would cause marketplace confusion.
- iMiracle accused Sendao of attempting to exploit the reputation of “Lost Mary” through similarities in name, packaging, and typeface.
- Sendao argued that “Love” and “Lost” conveyed different concepts sufficient for distinction.
Ruling:
- The UK Intellectual Property Office ruled to reject Sendao’s “Love Mary” application, finding that it carried a risk of misleading consumers and potentially harming iMiracle’s reputation.
- The decision emphasized that iMiracle had built strong market recognition and sales for “Lost Mary” in the UK since 2022, warranting legal protection.
According to a report by Law360 on August 20, the maker of the well-known disposable vape brand Lost Mary successfully won its case to block a competitor’s attempt to register the “Love Mary” trademark, on the grounds that it could mislead consumers into buying lookalike products.
“Love Mary” Trademark Rejected Due to High Risk of Confusion with “Lost Mary”
“A significant portion of consumers who have previously come into contact with the earlier mark are likely to fail to notice the differences, despite the conceptual distinction between ‘love’ and ‘lost,’” wrote hearing officer Rosie Le Breton in the ruling.
In 2022, Shenzhen Sendao Technology Co., Ltd. applied to register the “Love Mary” trademark for e-cigarettes, related tobacco products, filters, and lighters. iMiracle (also the manufacturer of the popular Elf Bar vapes) opposed the application, arguing that shoppers would confuse the two brands. The decision, dated August 11 and now made public, upheld iMiracle’s opposition.
The hearing officer noted that iMiracle had been selling e-cigarettes under the “Lost Mary” mark since March 2022 and that there was “no doubt” the company enjoyed significant market reputation.
The ruling further highlighted that in the seven months leading up to Sendao’s October 2022 application, iMiracle’s monthly revenue rose dramatically from £1 million (about US$1.3 million) to over £9 million.
The officer also found that Shenzhen Sendao Technology Co., Ltd.’s products used packaging and typeface similar to iMiracle’s, suggesting an intent to deceive consumers into mistakenly purchasing rival products.
Such conduct created an obvious risk of reputational harm to iMiracle, as dissatisfied customers might wrongly attribute negative experiences with Sendao’s products to iMiracle.
Moreover, the officer determined that the marks were very similar in appearance and sound, covering identical or highly similar products, and that both conveyed overlapping concepts since each referenced a character named “Mary.”
Even if some consumers noticed the difference between “Love” and “Lost,” a significant proportion would still be indirectly confused, perceiving the two as alternative product ranges from the same company.
The case was registered as O/0747/25 under trademark number 3841865, with Shenzhen Sendao Technology Co., Ltd. as applicant and iMiracle (HK) Ltd. as opponent.
Both iMiracle and Shenzhen Sendao Technology Co., Ltd. have not yet issued public comments on the ruling.
iMiracle’s Continued Trademark Enforcement: Lawsuit Against “Found Mary”
This is not iMiracle’s first trademark defense in the UK market. The company previously sued Vapes-Bars Ltd., alleging that its “Found Mary” disposable vapes copied the appearance, name, and colors of “Lost Mary” to gain unfair advantage.
iMiracle sought a court order to prohibit Vapes-Bars, the company behind Found Mary, from selling any e-cigarettes under the “Found Mary” brand in the UK and from misrepresenting its business as being connected to iMiracle.
At the time, Vapes-Bars claimed it had filed applications for five trademarks under the Found Mary name. iMiracle responded that it had already lodged oppositions or invalidity proceedings against all five.
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