Pathway IP SARL v Easygroup Ltd

Pathway IP SARL v Easygroup Ltd

The appeal is dismissed because the appellant failed to prove genuine use of the Trade Marks during the relevant period, even assuming the hearing officer erred in limiting the scope of the specification by reference to the class number. The evidence did not establish real commercial exploitation of the marks for the registered services.

Parties
Appellant: Pathway IP SARL; Respondent: Easygroup Ltd
Jurisdiction
England and Wales
Judgment Date
21 December 2018
Procedural Posture
Trade Mark Revocation Appeal / High Court Appeal From UKIPO Decision
Outcome
Appeal dismissed
Legal Topics
Trade Mark Revocation, Non Use, Specification Interpretation, Nice Classification, Evidence Admissibility
Intellectual Property Trade Mark Revocation Non Use Specification Interpretation Nice Classification Evidence Admissibility

Case Brief

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Parties

Pathway IP SARL

Appellant

Easygroup Ltd

Respondent

Procedural Posture

Trade Mark Revocation Appeal / High Court Appeal From UKIPO Decision

Legal Issues

  1. 1 Whether additional evidence should be admitted on appeal
  2. 2 Whether the hearing officer erred in construing the scope of registered services by reference to the Nice Classification
  3. 3 Whether the evidence showed genuine use of the Trade Marks during the relevant period

Ratio Decidendi

The appeal is dismissed because the appellant failed to prove genuine use of the Trade Marks during the relevant period, even assuming the hearing officer erred in limiting the scope of the specification by reference to the class number. The evidence did not establish real commercial exploitation of the marks for the registered services.

Court Disposition

Appeal dismissed