||All England Reporter
|| All ER (D) 264 (Mar)
|| EWHC 428 (Ch)
Sir Andrew Morritt V-C
||Michael Edenborough (instructed by Bird & Bird) for the appellant.
||Colin Birss (instructed by Laytons) for the respondent.
||18 March 2002
Trade mark - Opposition to registration - Rectification of register - Non-use - Immunity from suit - Two classes of use relied on - Test marketing and sales of products to USAF bases in England - Whether no bona fide use of marks within relevant period - Trade Marks Act 1938, s 26(1)(b).
The sales of baby foods in USAF bases in England were relevant to the question of bona fide use for the purposes of s26(1)(b) of the Trade Marks Act 1938.
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