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Trade mark – Infringement. The claimant issued proceedings, alleging infringement of its registered trade mark by the defendant. The defendant counterclaimed for a declaration of invalidity and for rectification of the register. The Intellectual Property and Enterprise Court found the claimant's infringement claim made out, but dismissed the defendant's counterclaim. In particular, it held that it was well arguable that the implied requirement of reasonable clarity identified in Chartered Institute of Patent Attorneys v Registrar of Trade Marks ([2012] IP & T 650) applied to original registration of a trade mark and a later claim by a competitor or opponent that it was invalid.
Trade mark – Infringement. The claimant issued proceedings, alleging infringement of its registered trade mark by the defendant. The defendant counterclaimed for a declaration of invalidity and for rectification of the register. The Intellectual Property and Enterprise Court found the claimant's infringement claim made out, but dismissed the defendant's counterclaim. In particular, it held that it was well arguable that the implied requirement of reasonable clarity identified in Chartered Institute of Patent Attorneys v Registrar of Trade Marks ([2012] IP & T 650) applied to original registration of a trade mark and a later claim by a competitor or opponent that it was invalid.
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