| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 234 (Jul) |
| Neutral Citation: | [2003] EWHC 1589 (Ch) |
| Court: | Chancery Division |
| Judge: | Jacob J |
| Representation | Philip Roberts (instructed by Willoughby & Partners) for the claimant. |
| James Mellor (instructed by Picton Howell) for the defendant. | |
| Judgment Dates: | 14 July 2003 |
Catchwords
Trade marks - Revocation - Non-use - Infringement proceedings - Counter-claim for partial revocation - Defendant arguing use proved in respect of too few goods within certain class for full width of specification to be maintained - Relevant test - Trade Mark Act 1994, s 46(1)(b).
The Case
On a claim for partial revocation of a trademark, the court was required to determine what a fair description might be which would be used by the average consumer for the products in which the mark had been used by the proprietor.
Practice Areas
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