# Flacons' London TD Overruled: What Happened and Why?
In a significant ruling, the English High Court overturned a trademark decision (TD) by the UK Intellectual Property Office (UKIPO) that had originally favored the French cosmetics brand Flacons. The TD had prevented the London-based company, TD, from using the trademark "FLACONS" for its skincare products.
### Background
Flacons filed the TD application in 2016, claiming that TD's use of the mark "FLACONS" infringed upon their prior rights in the trademark. The UKIPO initially upheld Flacon's claim, arguing that the marks were similar enough to cause confusion among consumers. TD appealed the decision, challenging the validity of Flacons' trademark and the likelihood of confusion.
### The High Court Ruling
The High Court agreed with TD's arguments. The judge ruled that Flacons' trademark was not distinctive enough to merit protection and that there was no real risk of confusion between the two marks.
### Key Points of the Ruling
### Implications for Businesses
The ruling has important implications for businesses seeking to register trademarks. It emphasizes the importance of: