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Reports of Patent, Design and Trade Mark Cases 2002 119(19):747-766; doi:10.1093/rpc/2002rpc38
© 2002 by Crown Copyright
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© Crown Copyright

[2002] R.P.C. 38

BUD AND BUDWEISER BUDBRÄU TRADE MARKS

High Court of Justice—Chancery Division

Before: SIMON THORLEY Q.C. (Sitting as a Deputy Judge of the High Court) November 13 and 14, December 3, 20011

[2002] R.P.C. 38

Trade marks—Revocation—Non-use—Use of mark in form not altering distinctive character of mark—Correct approach to assessment of distinctive character—Registered word marks in stylised script—Whether use of words in block capitals sufficient—Use on advertising materials—Whether genuine use—Costs—Unarguable case—Filing irrelevant evidence—Whether sufficiently unreasonable to justify costs above the usual scale—Reference of appeals to High Court from Appointed Person.

1 Paragraph numbers in this judgment are as assigned by the court.


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