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Trade mark – Infringement. The claimant issued proceedings, alleging infringement of its registered trade mark by the defendant. The defendant counterclaimed for a declaration of invalidity and for rectification of the register. The Intellectual Property and Enterprise Court found the claimant's infringement claim made out, but dismissed the defendant's counterclaim. In particular, it held that it was well arguable that the implied requirement of reasonable clarity identified in Chartered Institute of Patent Attorneys v Registrar of Trade Marks ([2012] IP & T 650) applied to original registration of a trade mark and a later claim by a competitor or opponent that it was invalid.
Trade mark – Infringement. The claimant issued proceedings, alleging infringement of its registered trade mark by the defendant. The defendant counterclaimed for a declaration of invalidity and for rectification of the register. The Intellectual Property and Enterprise Court found the claimant's infringement claim made out, but dismissed the defendant's counterclaim. In particular, it held that it was well arguable that the implied requirement of reasonable clarity identified in Chartered Institute of Patent Attorneys v Registrar of Trade Marks ([2012] IP & T 650) applied to original registration of a trade mark and a later claim by a competitor or opponent that it was invalid.
Chair of the Bar Sam Townend KC encourages colleagues to take a proper break over summer and highlights recent events and key activities for autumn
Casedo explains how to hit the ground running on your next case with a four-step plan to transform the way you work
Your future self will thank you, says Louise Crush of Westgate Wealth
In the first of a new series, Louise Crush of Westgate Wealth considers the fundamental need for financial protection
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Possibly, but many barristers are glad he did…
Britain needs to get over its shameful denial of racism, call it what it is and start to effectively deal with the problem, says Vithyah Chelvam
Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice since January 2021, is well known for his passion for access to justice and all things digital. Perhaps less widely known is the driven personality and wanderlust that lies behind this, as Anthony Inglese CB discovers
Stephen Mason sets out how the legal presumption, which exposed widespread misunderstanding about the nature of computer failures and caused serious widespread injustice, came into effect
Art, including music, should be protected as a fundamental form of freedom of expression and not used to unfairly implicate individuals, argues Ifẹ Thompson
Jasvir Singh trails this summer’s celebrations, open to all and with the theme ‘Free to Be Me’, by focusing on the diversity of South Asian heritage barristers and judges, and the trailblazers who led the way