Source: All England Reporter
Publisher Citation: [2002] All ER (D) 264 (Mar)
Neutral Citation: [2002] EWHC 428 (Ch)
Court: Chancery Division
Judge:

Sir Andrew Morritt V-C

Representation Michael Edenborough (instructed by Bird & Bird) for the appellant.
  Colin Birss (instructed by Laytons) for the respondent.
Judgment Dates: 18 March 2002

Catchwords

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 Case

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.

Practice Areas

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