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Reports of Patent, Design and Trade Mark Cases 2006 123(11):358-377; doi:10.1093/rpc/2006rpc13
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© Crown Copyright

[2006] R.P.C. 13

MUSIC CHOICE LTD'S TRADE MARK

High Court of Justice (Chancery Division)

(Geoffrey Vos Q.C. sitting as a deputy judge of the High Court): December 14, 20051

[2006] R.P.C. 13

Trade Mark—Application for invalidation—Failure by registered proprietor to file Form TM8—Opposition to application treated as withdrawn by Registry—Appeal to High Court—Nature of registrar's discretion—Whether discretion general or restricted—Review of earlier authorities—Factors relevant to exercise of discretion—Whether no or restricted discretion contrary to the Convention on Human Rights.

Key Words: Counter statements • Discretion • Extensions of time • Filing • Registrar of Trade Marks • Trade marks • Validity

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


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