Defendant was French company who made seaweed-based products, sold under mark ‘Laboratoires de la Mer’.
Claimant sought to have mark revoked in on grounds of non-use.
Defendant’s only sales were worth £800 to one Scottish buyer.
On facts, use of mark was genuine use.
Sufficed that there was a genuine attempt to sell goods bearing the mark
Fact that attempt was unsuccessful and that goods had not reached attention of consumers irrelevant.
IP law notes fully updated for recent exams at Oxford and Cambridge. Th...
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Intellectual Property Law | Trade Mark Case Law Notes (68 pages) |
Intellectual Property Law | Trademarks Invalidity And Revocation Notes (3 pages) |