Skip Navigation

Reports of Patent, Design and Trade Mark Cases 2007 124(15):539-563; doi:10.1093/rpc/2007rpc23
This Article
Right arrow Full Text (PDF)
Right arrow Alert me when this article is cited
Right arrow Alert me if a correction is posted
Services
Right arrow Email this article to a friend
Right arrow Similar articles in this journal
Right arrow Add to My Personal Archive
Social Bookmarking
Add to CiteULike   Add to Connotea   Add to Del.icio.us  
What's this?

© Crown Copyright

[2007] R.P.C. 23

EINSTEIN TRADE MARK

Appointed Person

(Geoffrey Hobbs Q.C.): February 28, 20071

[2007] R.P.C. 23

Trade mark—Application for revocation—Non-use—Registered proprietor's evidence of use consisting of witness statement from a sister company—Hearing only on written submissions—Evidence held insufficient to establish consent to use and control by the proprietor—Finding by registrar that registered proprietor should have filed evidence relating to consent—Ground for decision did not form part of applicant's case—Mark revoked—Appeal to The Appointed Person—Application to adduce fresh evidence on appeal—No requirement for evidence to be "internal" to registered proprietor—Hearing officer should have invited registered proprietor to address the point—Fresh evidence allowed—Whether necessary for registered proprietor to exercise control over use by economically linked party—Appeal allowed.

Key Words: Civil evidence • Clothes • Control • EC law • Licensees • Non-use • Revocation • Trade marks

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


Add to CiteULike CiteULike   Add to Connotea Connotea   Add to Del.icio.us Del.icio.us    What's this?




Disclaimer:
Please note that abstracts for content published before 1996 were created through digital scanning and may therefore not exactly replicate the text of the original print issues. All efforts have been made to ensure accuracy, but the Publisher will not be held responsible for any remaining inaccuracies. If you require any further clarification, please contact our Customer Services Department.