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Reports of Patent, Design and Trade Mark Cases 2006 123(15):509-516; doi:10.1093/rpc/2006rpc19
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© Crown Copyright

[2006] R.P.C. 19

ARGENTUM TRADE MARK

High Court of Justice (Chancery Division)

(Patten J.): July 26, 20051

[2005] EWHC 2992 (Ch); [2006] R.P.C. 19

Trade mark—Application for revocation for non-use—Evidence of use filed by registered proprietor not in correct evidential format—Proprietor's opposition to application to revoke treated as being withdrawn by registrar—Mark revoked—Appeal to High Court—Whether non-compliance could be rectified at later evidence stages—Guidance on exercise of discretion—Appeal allowed.

Key Words: Discretion • Filing • Non compliance • Non use • Revocation • Trade marks

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


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