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.
Continued use of a trade mark: any ideas? Continued use of a trade mark: any ideas? Reviewed by Jeremy on Wednesday, May 30, 2007 Rating: 5

No comments:

All comments must be moderated by a member of the IPKat team before they appear on the blog. Comments will not be allowed if the contravene the IPKat policy that readers' comments should not be obscene or defamatory; they should not consist of ad hominem attacks on members of the blog team or other comment-posters and they should make a constructive contribution to the discussion of the post on which they purport to comment.

It is also the IPKat policy that comments should not be made completely anonymously, and users should use a consistent name or pseudonym (which should not itself be defamatory or obscene, or that of another real person), either in the "identity" field, or at the beginning of the comment. Current practice is to, however, allow a limited number of comments that contravene this policy, provided that the comment has a high degree of relevance and the comment chain does not become too difficult to follow.

Learn more here:

Powered by Blogger.