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Wednesday, 30 May 2007

Continued use of a trade mark: any ideas?

One of the IPKat's friends, a practitioner in a distant jurisdiction where there is relatively little reported case law, has emailed him with this query:

"Our client, a global player in the broadcasting sector, has a national trade mark which is being challenged by a local company that seeks revocation for non-use. The client does indeed appear to have ceased direct use of its mark in this country for more than five years, so it may be subject to such action. However, its TV programmes and channels may quite easily be viewed in this country either via TV or online, by those who have satellite connections or who use the internet. Neither statute law nor case law to date has given any guidance as to whether the continued availability of our client's broadcasting services constitutes continued use. ...

In my opinion, as broadcasting is a borderless service, the understanding of what constitutes use should be viewed in a fairly broad manner".

The gallant Kat has already mentioned a case or two to his friend, but he thought he'd give his readers a chance to express their thoughts on the subject. If replying by email, please tell the IPKat if you'd like your ideas to be published later on this blog or whether they are only intended to be forwarded to his friend.

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