In re J Batt and Co ‘s Trade Marks: CA 2 Jan 1898

The applicant had registered a large number of trade marks, had offered many of them for sale, had never traded in the relevant goods and declined to submit to cross-examination.
Lord Lindley MR said: ‘Can a man properly register a trade-mark for goods in which he does not deal or intend to deal? – meaning by intending to deal having at the time of registration some definite and present intention to deal in certain goods . . and not a mere general intention of extending his business at some future time to anything which he may think desirable.’

Judges:

Lord Lindley MR

Citations:

(1898) 15 RPC 534 CA

Jurisdiction:

England and Wales

Citing:

At First InstanceIn re J Batt and Co ‘s Trade Marks ChD 1898
The applicant had registered a large number of trade marks, had offered many of them for sale, had never traded in the relevant goods and declined to submit to cross-examination.
Held: To justify registration, there had to be: ‘some definite . .

Cited by:

At CAIn re J Batt and Co ‘s Trade Marks HL 1899
. .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 08 May 2022; Ref: scu.556779