An application had been made to have the trade mark declared invalid. The owner replied saying that the five year period during which a mark might be challenged had expired.
Held: The five year period commenced not from the date when the application for registration of the mark was made, but from the date when the registration was entered. Accordingly the challenge was not out of time.
Warren J
[2007] EWHC 37 (Ch), Times 27-Feb-2007
Bailii
Trade Marks Act 1994 40(3), Council Directive 89/104/EEV (OJ 1989 L40/1)
England and Wales
Cited by:
Cited – Budejovicky Budvar Narodni Podnik v Anheuser-Busch Inc CA 20-Oct-2009
The parties had long disputed the use of the trade marks ‘Bud’ and ‘Budweiser’ for their beers. The claimant now said that the defendants had made an abusive registration under the 1994 Act, by requesting a declaration that the registration by the . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Limitation
Updated: 04 January 2022; Ref: scu.248254