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Reports of Patent, Design and Trade Mark Cases 2003 120(14):477-492; doi:10.1093/rpc/2003rpc25
© 2003 by Crown Copyright
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© Crown Copyright

[2003] R.P.C. 25

BUD AND BUDWEISER BUDBRÄU TRADE MARKS

Court of Appeal

Before: LORD JUSTICE PILL, LORD WALKER OF GESTINGTHORPE, SIR MARTIN NOURSE July 23, 24 and October 29, 20021

[2002] EWCA Civ 1534; [2003] R.P.C. 25

Trade mark—Revocation—Non-use—Use in a form not altering distinctive character—Meaning of "distinctive character"—Correct test to be applied—Judge reversing decision of hearing officer—Whether judge entitled to interfere with hearing officer's decision—Whether hearing officer had erred in principle—Function of Court of Appeal on appeal from High Court acting in its appellate capacity from the registrar.

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


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