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08 November 2013
Issue: 7583 / Categories: Case law , Law digest , In Court
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Trade mark

Biotronik SE & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) T-416/11 [2013] All ER (D) 324 (Oct)

It was well established that in order to examine whether use of an earlier trade mark was genuine, an overall assessment should be carried out which took account of all the relevant factors in the particular case. Genuine use of a trade mark could not be proved by means of probabilities or suppositions, but had to be demonstrated by solid and objective evidence of actual and sufficient use of the trade mark on the market concerned. However, it could not be ruled out that an accumulation of items of evidence might allow the necessary facts to be established, even though each of those items of evidence, considered in isolation, would be insufficient to constitute proof of the accuracy of those facts

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
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