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Showing posts with the label s.46 (1)

Trade Marks - Wang Zeng International Ltd v Bing Bing Foods Ltd

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  Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke)   Wang Zeng International Ltd v Bing Bing Foods Ltd and others [2026] EWHC 360 (IPEC) (20 Feb 2026) This was an action for trade mark infringement and a counterclaim for revocation or invalidation of the claimant's marks.  The action and counterclaim came on for trial before Her Honour Judge Melissa Clarke on 17 and 18 Nov 2025.  By para [122] of her judgment in  Wang Zeng International Ltd v Bing Bing Foods Ltd and Others [2026] EWHC 360 (IPEC), which she handed down on 20 Feb 2026, the learned judge dismissed the counterclaim and found for the claimant on the claim. The Parties The claimant and first defendant were private companies incorporated in England and Wales with limited liability. In her judgment, Judge Melissa Clarke sometimes referred to the claimant as WZI ("Wang Zeng International Limited") and the first defendant as BBF (" Bing Bing Foods Limited" ).  ...

Off the Scale Costs in IPEC- With Wise Ltd. v Wise Payments Ltd.

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Jane Lamber t Intellectual Property Enterprise Court (Recorder Amanda Michaels)  With Wise Ltd v Wise Payments Ltd (Formerly TransferWise Ltd ) [2025] EWHC 1809 (IPEC) (17 July 2025)   On 17 July 2025, I discussed Recorder Amanda Michaels's judgment in  Wise Payments Ltd v With Wise Ltd and others [2025] EWHC 1722 (IPEC) (11 July 2025) in Trade Marks - Wise Payments Ltd v With Wise Ltd.   In that article, I noted that those proceedings were unusual in that the trial in that action and counterclaim lasted more than two days and involved more than the average number of interim applications. One of those applications was brought by With Wise Ltd. and its directors for permission to amend their defence and counterclaim to seek the revocation of trade mark number UK3346396  for non-use under s.46 (1) (a) of the Trade Marks Act 1994.  The application was heard by His Honour Judge Hacon on 13 Dec 2024 (see  Wise Payments Ltd v With Wise Ltd and ot...

Trade Marks - Alice Ltd v Photogram Ltd and others

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Author  John Tenniel  Source Alice in Wonderland .  Penguin Books Licence Copyright expired Jane Lambert Intellectual Property Enterprise Court (Her Honor Judge Melissa Clarke  Alice Ltd v Photogram Ltd and other s [2024] EWHC 3256 (IPEC) (17 Dec 2024) This was an action for the infringement of UK trade mark UK00003362772 and a counterclaim for the revocation of the mark under s.46 (1) of the Trade Marks Act 1994.  The mark was the word ALICE registered for goods in class 9 and services in class 37.  Infringement was admitted subject to the validity of the registration.  The case turned on whether the mark had been put to genuine use in the first 5 years after registration or at any time since.  The action and counterclaim came on before Her Honour Judge Melissa Clarke on 24 Oct 2024. By para [101] of her judgment in  Alice Ltd v Photogram Ltd and other s [2024] EWHC 3256 (IPEC) which she handed down on 17 Dec 2024, the learned judge dismiss...