The trade mark case review below was prepared by Charlotte Blakey (Keltie LLP) and highlights the importance of demonstrating “genuine use”/”proper reasons for non-use”.

This review relates to an appeal brought under Section 76 of the Trade Marks Act 1994 (“the Act”) by the registered proprietor (“Jackson”) of International Registration No. 787794 ROYAL SHAKESPEARE (“the Mark”) against the decision issued at BL O-369-11, dated 26 October 2011. This decision stated that the Mark’s protection in the UK should be revoked on the grounds of non-use under section 46(1)(a) and/or 46(1)(b) of the Act. The Hearing Officer held that there had been no genuine use of the Mark during the relevant periods, nor had there been proper reasons for such non-use.

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