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Reports of Patent, Design and Trade Mark Cases 2005 122(11):377-392; doi:10.1093/rpc/2005rpc18
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© Crown Copyright

[2005] R.P.C. 18

LOWDEN TRADE MARK

High Court (Chancery Division)

(Patten J.): October 28 and November 17, 20041

[2004] EWHC 2531 (Ch); [2005] R.P.C. 18

Trade mark—Application for revocation—Non-use—Form TM8 and counter-statement filed out of time—Opposition to application for revocation deemed withdrawn—Registry decision ordering revocation from a specified date—Specified date earlier than expiry of five year period from registration—Applicant for registration informing Registry of erroneous date—Order made revoking registration from erroneous date—Appeal by registered proprietor against revocation—Respondent's notice seeking variation of order to substitute correct date or to amend to statement of grounds—Failure by registrar to exercise a discretion—Failure to give registered proprietor an opportunity to be heard—Whether amendment of statement of grounds permissible without giving registered proprietor opportunity of filing counter-statement—Remission to registrar.

Key Words: Counter statements • Discretion • Extensions of time • Non use • Revocation • Time limits • Trade marks

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


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