Source: All England Reporter
Publisher Citation: [2002] All ER (D) 427 (Oct)
Neutral Citation: [2002] EWCA Civ 1534
Court: Court of Appeal, Civil Division

Pill LJ, Lord Walker of Gestingthorpe and Sir Martin Nourse

Representation Michael Bloch QC and Michael Edenborough (instructed by Macfarlanes) for AB.
  James Mellor (instructed by Blair & Co) for BB.
Judgment Dates: 29 October 2002


Trade marks - Registration - Removal from register - Non-use - Entitlement of judge to interfere with hearing officer's decision - s 46.

The Case

A judge had been incorrect to interfere with the decision of a hearing officer in an application for revocation of a trade mark on the grounds of non-use under s46 of the where, although the officer's decision could have been expressed more clearly and another officer might have taken a different view, the view taken had not been one to which no reasonable officer could have come.

Practice Areas

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