Trade Mark Invalidation - Revive A Phone Ltd v WeFix
Jane Lambert Chancery Division, Intellectual Property List (Mr Ian Karet) Revive A Phone Ltd v WeFix [2022] EWHC 2195 (Ch) (19 Aug 2022) This was an appeal against the decision of the hearing officer, Ms Rosie Le Breton, of 9 Sept 2021 invalidating the word mark WEFIX and the blue and white device mark that appears above. The appeal came on before Mr Ian Karet on 30 June 2022. By his judgment of 19 Aug 2022, the learned deputy judge dismissed the appeal and upheld the hearing officer's decision (see Revive A Phone Ltd v WeFix [2022] EWHC 2195 (Ch) (19 Aug 2022)). Ms Le Breton invalidated those trade marks under s.47 (2) of the Trade Marks Act 1994 . That subsection provides that the registration of a trade mark may be declared invalid on the ground that there is an earlier trade mark in relation to which the conditions set out in s.5 (1), (2) or (3) obtain unless the proprietor of that earlier trade mark or other earlier right has consented to the re...