The claimant alleged infrngement of its trade mark. The defendant replied that the mark had not been reproduced exactly. And was invalid.
Held: The claim succeeded. The difference was not sufficient to amount to a defence where the alteration did not change the essential and distinctive characteri of the mark. proprietor of a registered trade mark was entitled to rely on use of the mark in a different form to that as registered which did not alter the distinctive character of the registered mark.
Birss J
[2014] EWHC 2631 (Ch), [2014] WLR(D) 368
Bailii, WLRD
Trade Marks Act 1994 3(1)
England and Wales
Intellectual Property
Updated: 20 December 2021; Ref: scu.536006
