Revoking unused marks and applying L'Oréal v Bellure to infringement arguments

A trade mark infringement claim will often provoke a counterclaim for revocation for five years non-use. The judgment in Daimler Ag v Sany Group Company Ltd is an example of how a court is likely to approach a five years non-use challenge to a trade mark specification where the mark has been used for some goods covered but not all of them - a very common situation.

Daimler sensibly conceded to some deletions and amendments to its specifications at the beginning of the trial and ultimately the deputy judge agreed that in their amended form, the specifications "fairly" described the goods for which the mark had been used. Read Wragge & Co's expert analysis for further information.