CA-2024-002240 - [2025] EWCA Civ 946

Section 46(1)(a) and (b) give effect to the “use it or lose it” principle which is a feature of most trade mark laws. EU and UK law enable a registration to be revoked where there has been no genuine use of the trade mark or an acceptable variant for five years. The burden of proving use lies upon the proprietor of the registration. Two aspects of the law concerning revocation for non-use are relevant to this appeal. The first is use of variant forms of the trade mark as registered (section 46(2)). The second is partial revocation of the specification (section 46(5)).