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 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:
Romer J
Citations:
(1898) 15 RPC 262
Jurisdiction:
England and Wales
Cited by:
Applied – In Re American Greetings Corporation’s Application HL 26-Jan-1984
The applicant owned an American Trade Mark in the name ‘Holly Hobbie’. They sought to register the same mark here. Objection was made that the applicant intended to license the use of the mark to others, rather than use it itself, and would this be . .
At First Instance – 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 . .
At first Instance – In re J Batt and Co ‘s Trade Marks HL 1899
. .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 28 April 2022; Ref: scu.180986