Source: All England Reporter
Publisher Citation: [2003] All ER (D) 08 (Feb)
Court: Chancery Division
Judge:

Jacob J

Representation Michael Silverleaf QC (instructed by Stephenson Harwood) for the claimant.
  Guy Burkill QC (instructed by Wragge & Co) for the defendant.
  Daniel Alexander (instructed by the Treasury Solicitor) for the registrar.
Judgment Dates: 3 February 2003

Catchwords

Trade mark - Registration - Revocation for 'non-use' - Registrar concluding that evidence put in by claimant insufficient to establish genuine use - Application to adduce further evidence on appeal.

The Case

Proceedings before the Registrar of Trade Marks were not be treated as a 'dry run', with the correction of evidential deficiencies being rectified on appeal, as was increasingly the case.

Practice Areas

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