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

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

Catchwords

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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