header-logo header-logo

Trade mark

20 October 2017
Issue: 7766 / Categories: Case law , Law digest , In Court
printer mail-detail

Abanka d. d. v Abanca Corporación Bancaria, S. A. [2017] EWHC 2428 (Ch), [2017] All ER (D) 80 (Oct)

A hearing officer had revoked two of the appellant’s international trade mark registrations for the word ‘ABANKA’ (concerning financial services) and she had dismissed the appellant’s opposition to the respondent’s application to register the mark ‘ABANCA’. The Chancery Division, in allowing the appeal in part, held that the hearing officer’s overall approach to the central issues had been within the range of reasonable ways of applying the general guidance of the authorities to the evidence before her, save in respect of her decision on use of the ABANKA marks concerning the London Stock exchange listing of Eurobonds in 2009. The court held that the use of the ABANKA marks in relation to such bonds sold in the UK amounted to use of the marks in the UK. Accordingly, the appeal was allowed to that limited extent.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll