The applicant sought to amend its application for a trade mark. The Appointed Person refused the application, emphasising that an applicant must specify his claim from the start. Geoffrey Hobbs QC said: ‘Amendment of a trade mark after registration has been applied for will not in general be possible under the proposed Community trade marks system, nor is it possible under the Madrid Agreement. Under the new law therefore it will not be possible to make such amendments. If the mark as filed is unregistrable it will be necessary to file a fresh application in order to register any amended version of the mark.’
Judges:
Geoffrey Hobbs QC
Citations:
[2003] RPC 19
Cited by:
Cited – Societe Des Produits Nestle Sa v Mars UK Limited CA 26-Jul-2004
The appellant had sought to register as a trade mark the shape of a polo mint. The objector said it lacked sufficient distinctive character. The appellant sought to amend the specification of the trade mark to limit its application as to the goods . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 13 May 2022; Ref: scu.200246
