Bacti Guard (Trade Mark: Revocation): IPO 30 Sep 2004

IPO Request for ‘striking out’: – Request refused. – 1. The Hearing Officer concluded that the Agreement between the parties had been reached on the basis of their trading arrangements at that time and there was no evidence to say what could happen if one party ceased to use its marks.
2. In his decision dated 25 August 2005 (BL O/236/05) the Appointed Person upheld the Hearing Officer’s decision but disagreed with his reasoning. In particular he did not accept that the wording of Clause 5 necessarily constituted a restraint of trade. It would be necessary to study the factual and trading position of the two parties when the agreement between them was entered into.
Mr C Bowen
Rev 80161, 2027376, [2004] UKIntelP o30004, O/300/04
PO, IPO, Bailii
Trade Marks Act 1994
England and Wales

Updated: 01 April 2021; Ref: scu.456069