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Reports of Patent, Design and Trade Mark Cases Advance Access published online on May 8, 2008
Reports of Patent, Design and Trade Mark Cases, doi:10.1093/rpc/rcn017
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© Crown Copyright

Budejovicky Budvar Narodni Podnik V Anheuser-Busch Inc

High Court Of Justice (Chanery Division)

(Norris J.): February 14 and 19, 20081

[2008] EWHC 263, [2008] R.P.C.21

Trade mark—Application for declaration of invalidity—Earlier mark—Both marks BUDWEISER for same goods—Earlier right by virtue of earlier application—Later mark registered under previous provisions of honest concurrent use—Application for declaration made one day within 5 year statutory limitation period—Later mark declared invalid—Appeal to High Court—Date from which statutory period of five year acquiescence runs—Whether VITALITE Trade Mark2 decision wrong—Later mark in use since 1973—Whether invalidity application barred by common law estoppel by acquiescence—Whether application an abuse of process—Partial invalidity


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