||All England Reporter
|| All ER (D) 234 (Jul)
|| EWHC 1589 (Ch)
||Philip Roberts (instructed by Willoughby & Partners) for the claimant.
||James Mellor (instructed by Picton Howell) for the defendant.
||14 July 2003
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).
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.
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