The procedure for applying for the registration of a European Trade Mark did not involve the same issues as applied in England as to the use of the mark within the first five years, nor any statement of a bona fide intention to use the mark. Only exceptionally therefore could a European Trade Mark be revoked for non-use. An English Court dealing with a European Trade Mark, sits as a European court.
Citations:
Times 28-Feb-2001, [2001] RPC 293
Statutes:
Trade Marks Act 1994 10(1) 46(5)
Jurisdiction:
England and Wales
Cited by:
Cited – Asprey and Garrard Ltd v WRA (Guns) Ltd and Another CA 11-Oct-2001
The Asprey family had been in business for many years. Their business was incorporated, and later sold to the claimants. A member of the Asprey family sought to carry on new businesses through limited companies using the family name. Upon request, . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 06 September 2022; Ref: scu.79866