Trade mark decision

Grounds

Section 3(6) Bad Faith - No intention to use
Section 3(6) Bad Faith - Knowledge of opponent's use in the UK
Section 3(6) Bad Faith - Knowledge of opponent's mark outside the UK
Section 3(6) Bad Faith - Breach of agreement between the parties
Section 3(6) Bad Faith - Breakdown of former business relationship
Section 5(4) Earlier Rights - Standard of proof (evidential issues)
Other Issues - Construction of agreements / contracts
Revocation / Proof of Use - Dates - genuine use
Revocation / Proof of Use - Variant forms of marks - use with another mark
Revocation / Proof of Use - Use with Registered Proprietor’s (RP) consent - use by licensee
Revocation / Proof of Use - Proper reasons for non-use - circumstances internal to the RP
Procedural Issues - Cross-examination
Procedural Issues - Further evidence
Procedural Issues - Pleadings, Strike out, Estoppel
Procedural Issues - Disclosure

Full decision O/586/17 556Kb