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Reports of Patent, Design and Trade Mark Cases 2006 123(17):590-603; doi:10.1093/rpc/2006rpc23
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© Crown Copyright

[2006] R.P.C. 23

DATASPHERE TRADE MARK

Appointed Person

(Geoffrey Hobbs Q.C.): January 16, 20061

[2006] R.P.C. 23

Trade mark—DATASPHERE for "computer software and computer programmes"—Revocation—Non-use—Partial revocation—Appeal by applicant for revocation to Appointed Person—Form TM8 accompanied by "counterstatement" simply referring to attached witness statement—Requirements of proper counterstatements—Waiver by applicant and registrar of informality in counterstatement—Width of specification—Approach to restriction of specification—Whether revocation should be effective from a date earlier than date of application for revocation—Whether earlier date fairly raised in the pleadings

Key Words: Genuine use • Revocation • Software • Specifications • Trade marks

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


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