August 2013 to March 2016
106.The proportion of relevant persons holding that belief can only have increased in the period August 2013 to March 2016 and indeed thereafter. This will have been because of the continuing efforts by Mermeren to educate the public that ‘Sivec’ was a registered mark owned by Mermeren, supported by the efforts in this period from Mermeren’s distributors. There was nothing to suggest that use of the Trade Mark by Fox has been on a scale to make a significant difference.
- HIS HONOUR JUDGE HACON
- Defendant
- Introduction
- The issues
- The law
- Whether use of the mark can be taken into account
- perception that arises in consequence of the use of the mark as a trade mark and thus as a result of the nature and effect of it, which make it capable of distinguishing the product concerned from those of other undertakings
- The necessary territorial extent of acquired distinctive character
- Summary of the law
- A significant proportion of the relevant class of persons
- The average consumer in the present case
- Acquired distinctive character under art.7(3)
- Use of the Trade Mark
- Whether actual knowledge of a geographical place is necessary under art.7(3)
- The messy reality of what relevant persons think
- The evidence
- Mr Mitchell
- Mr Charles
- Mr Rigopoulos
- Mr Malfas
- Summary
- August 2013 to March 2016
- Conclusion