![IP-2022-000036 - [2023] EWHC 2005 (IPEC)](https://backend.juristeca.com/files/emisores/logo_AacSvIO.png){kind=logo}
Whether the AC Cobra Mark stands to be revoked for non-use
Whether the AC Cobra Mark stands to be revoked for non-use
The period nominated by the defendants was 23 November 2017 to 22 November 2022. The defendants’ counsel gave it very little attention, saying only that the argument advanced was a squeeze: if (and by implication only if) I were to find that there was insufficient use of the Ford Cobra Marks during Period 2 in relation to s.47(2B) of the 1994 Act, there must have been non-use of the AC Cobra Mark. I have found that the use conditions of s.47(2B) were satisfied in relation to both the First and Second Ford Cobra Marks during Period 2. The allegation of non-use does not succeed.
- Heading
- Judge Hacon
- The broad issues
- The witness
- The law on trade mark validity
- The issues arising from the application for a declaration of invalidity
- Whether CSL is a licensee under the Ford Cobra Marks
- Statutory requirements of a trade mark licence
- Construction of a written licence
- Discussion
- Whether the use provisions of s.47 were satisfied
- Genuine use under s.47 (2B)
- Discussion
- Whether either s.5(2) or 5(3) obtains
- Section 5(2)
- Section 5(3)
- Whether Ford acquiesced in the use of the AC Cobra Mark under s.46(1)
- The law
- Discussion
- Whether the AC Cobra Mark stands to be revoked for non-use
- Conclusions