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Trade mark – Removal from register. Following proceedings brought by Specsavers opticians alleging infringement of its registered trade mark, the judge revoked the wordless version of the Specsavers logo that comprised two overlapping ovals. The Court of Appeal, Civil Division, in hearing the appeal, referred a number of questions to the Court of Justice of the European Union regarding the interpretation of arts 9, 15 and 51 of Council Regulation (EC) 207/2009 (on the Community trade mark). Judgment on the preliminary reference having been given, the court found that, in the unusual circumstances of the case, the judge had erred in ordering revocation of the trade mark where evidence that use of the wordless logo together with the registered word trademark superimposed over the top had served to identify the goods and services and that consumers perceived the wordless mark as being indicative of the origin of the goods and services.
Trade mark – Removal from register. Following proceedings brought by Specsavers opticians alleging infringement of its registered trade mark, the judge revoked the wordless version of the Specsavers logo that comprised two overlapping ovals. The Court of Appeal, Civil Division, in hearing the appeal, referred a number of questions to the Court of Justice of the European Union regarding the interpretation of arts 9, 15 and 51 of Council Regulation (EC) 207/2009 (on the Community trade mark). Judgment on the preliminary reference having been given, the court found that, in the unusual circumstances of the case, the judge had erred in ordering revocation of the trade mark where evidence that use of the wordless logo together with the registered word trademark superimposed over the top had served to identify the goods and services and that consumers perceived the wordless mark as being indicative of the origin of the goods and services.
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