header-logo header-logo

31 January 2014
Issue: 7592 / Categories: Case law , Law digest , In Court
printer mail-detail

Trade marks

Healey Sports Cars Switzerland Ltd v Jensen Cars Ltd [2014] EWHC 24 (Pat), [2014] All ER (D) 158 (Jan)

It was settled law that the approach of the appellate court in trade mark appeals was that, unless the court was satisfied that a hearing officer had made an error of principle, it should be reluctant to interfere. It was settled law that genuine use meant actual use of the mark by the proprietor or a third party with authority to use the mark. The use had to be more than merely “token”, which meant that it should not serve solely to preserve the rights conferred by the registration. The use had to be consistent with the essential function of a trade mark and had to be by way of real commercial exploitation of the mark on the market for the relevant goods or services. All the relevant facts and circumstances had to be taken into account in determining whether there was real commercial exploitation of the mark. Use of the mark needed not always be quantitatively significant

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

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

DAC Beachcroft—Kirstie Pike & Simy Khanna

DAC Beachcroft—Kirstie Pike & Simy Khanna

DAC Beachcroft further builds national Professional Liability practice, hiring two partners in Bristol

NEWS
A child’s views can be taken into account during international child abduction proceedings, the Supreme Court has held
Small and medium-sized law firms have urged regulators to pause plans to exclude owner-managers from compliance officer roles
Lawyers have raised the alarm on employment tribunal delays and backlogs, with some cases facing a three-year wait for a hearing
The controversial assisted dying Bill has drawn to a halt after MPs defeated it by 286 votes to 270
MPs have called for legislation to protect against the human rights risks of artificial intelligence (AI)
back-to-top-scroll