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

Issue [1] addresses validity, Issue [2], revocation for non-use; Issue [3] ownership and Issue [4] Infringement.

I intend to first address Issue 1(a) and only set out the chronology and evidence relevant to it since if it is determined in the Defendants’ favour the other Trade Mark issues can then be dealt with very shortly. That is consistent with the proportionality of the approach to be adopted in IPEC.

Issue 1(a)

Is the Trade Mark invalidly registered and liable to be deleted from the register because:

(a)

It expired on 2 May 2023 and was not properly renewed on 22 March 2023 by [NHBCL] because it was bona vacantia and, at all relevant times, property of the Crown such that it was not renewed by or with the authority of the Treasury Solicitor.