IP-2023-000120 - [2025] EWHC 1793 (IPEC)

The Trade Mark was invalidly renewed and registered on 22 March 2023. It expired on 2 May 2023. The Renewed Trade Mark is a nullity not simply invalid and should be deleted/removed or marked dead as appropriate on the register. The Defendants are entitled to declarations to that effect.

The effect of that is that NHBCL is not the proprietor of the Renewed Trade Mark and never was the proprietor of the Trade Mark and cannot advance claims in its capacity as proprietor of it.

For the reasons set out below NHBCL did not acquire a beneficial interest in the Trade Mark whether through use or an intention to transfer the Trade Mark prior to dissolution and the business as a whole had not been beneficially assigned to NHBCL in June 2017. NHBCL was not in a position to apply for a vesting order and in any event did not do so.

Even if NHBCL had had any beneficial interest in the Trade Mark or any licence to use the Trade Mark prior to 2 May 2023 those rights would have fallen away at the latest when the Trade Mark expired and/or when it was not renewed or restored.