Source: All England Reporter
Publisher Citation: [2001] All ER (D) 296 (Dec)
Court: Chancery Division
Judge:

Jacob J

Representation James Mellor (instructed by Lane & Partners) for the applicant.
  Guy Tritton (instructed by Withers) for the proprietor.
Judgment Dates: 19 December 2001

Catchwords

Trade mark - Registration - Revocation - LABORATOIRE DE LA MER - Application for revocation of registration in respect of certain classes of products - Whether mark put to genuine use in connection with goods in respect of which registered within relevant period - ss 46(1), 100 - Trade Marks Directive 89/104/EC, arts 10, 12(1).

The Case

On the hearing of two appeals against decisions of the hearing officer for the Registrar of Trade Marks by which he refused the applicant's applications for revocation of two registrations of the mark 'LABORATOIRE DE LA MER', the court ruled that the question of whether a very limited amount of use in the United Kingdom could be regarded as sufficient to be 'genuine', pursuant to s46(1) of the was so important as to justify a reference to the European Court of Justice.

Practice Areas

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