Trade mark revocation claim
29.For the same reasons, Ian’s claim to invalidate Winston’s trade mark must fail. As appears from the judgment of Lewison LJ at an earlier stage of these proceedings (at see [2021] EWCA Civ 732 at [9]-[10]), it is only the person who is the proprietor of an earlier right within the meaning of s.5(4)(a) of the Trade Marks Act 1994 who can seek to have a mark declared invalid under s.47(2)(b). For the reasons set out above, Ian is not such a person.