Skip Navigation

Reports of Patent, Design and Trade Mark Cases 2007 124(21):701-728; doi:10.1093/rpc/2007rpc31
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
Right arrowRequest Permissions
Social Bookmarking
Add to CiteULike   Add to Connotea   Add to Del.icio.us  
What's this?

© Crown Copyright

[2007] R.P.C. 31

FENCHURCH ENVIRONMENTAL GROUP LTD v BACTIGUARD AG (BACTIGUARD AND DEVICE TRADE MARK)

Trade Marks Registry

(Dr Lawrence Cullen): April 2, 20071

[2007] R.P.C. 31

Trade mark—Application for revocation—Non-use—Previous opposition proceedings settled by Agreement—No-challenge clause in settlement Agreement—Whether bringing revocation action in breach of Agreement—Whether no challenge clause enforceable—Whether registered proprietor had legitimate interest to protect at date of Agreement—Whether genuine use made of mark during relevant five-year period.

Key Words: Agreements • Medical equipment • No-challenge clauses • Non-use • Restraint of trade • Revocation • Settlement • Trade marks

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


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.