Source: All England Reporter
Publisher Citation: [2002] All ER (D) 326 (Jul)
Neutral Citation: [2002] EWHC 1424 (Ch)
Court: Chancery Division

Jacob J

Representation Christopher Morcom QC (instructed by DLA) for the company.
  Daniel Alexander (instructed by the Treasury Solicitor) for the Registrar.
Judgment Dates: 23 July 2002


Trade mark - Registration - Name - Distinctiveness - Reference to European Court of Justice.

The Case

The court considered that the appeal raised a difficult question of principle which should be referred to the European Court of Justice. Ultimately the case posed the question whether the registration of a common name as a trade mark was to be granted on a 'first come first served' basis or whether there were wider, public interest, considerations involved. The court stated that it would hear counsel as to the final form of the questions before finally deciding upon them.

Practice Areas

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