Gerber Products Company v Gerber Foods International Ltd: ChD 18 Mar 2002

The opponent marketed baby food using the trade mark. The applicant sough revocation of the trade mark on the grounds of it not having been bona-fide used.
Held: The Electrolux case did not establish that the mark owner had to establish commercial use on a substantial scale in addition to bona fide use. Section 26(1) of the 1938 Act continued to apply to this matter. A test marketing of 1200 jars of baby food was a bona fide use, and was sufficient to defend the mark.

Judges:

The Vice-Chancellor

Citations:

Gazette 25-Apr-2002, [2002] EWHC 428 (Ch)

Links:

Bailii

Statutes:

Trade Marks Act 1938 26(1), Trade Marks Act 1994 Sch 3 para 17(1)

Jurisdiction:

England and Wales

Citing:

CitedElectrolux Ltd v Electrix Ltd 1954
. .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 29 August 2022; Ref: scu.170002