header-logo header-logo

08 November 2013
Issue: 7583 / Categories: Case law , Law digest , In Court
printer mail-detail

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

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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
back-to-top-scroll