Legal News

Acquired registrations–Court of Appeal rules on defence of use of an earlier registered trade mark pre-dating claimant’s registration (ABP Technology v Voyetra Turtle Beach–STEALTH)

Published on: 13 May 2022
Published by: LexisPSL
  • Acquired registrations–Court of Appeal rules on defence of use of an earlier registered trade mark pre-dating claimant’s registration (ABP Technology v Voyetra Turtle Beach–STEALTH)
  • What are the practical implications of this case?
  • Mistakes in pleadings
  • ‘Late’ amendments
  • Civil justice and trade marks
  • Reviews of trade mark registers
  • What was the background?
  • What did the court decide?
  • Section 11(1B) defence
  • ‘Late’ amendments
  • More...

Article summary

IP analysis: The Court of Appeal has found that the first instance decision to allow the defendants in an action for trade mark infringement pursuant to section 10(1) of the Trade Marks Act 1994 (TMA 1994) to amend their defence, was wrong. The court provided guidance in respect of: procedural steps to be taken in the event a party needs to correct a mistake in pleadings that have been filed with the court; the importance of adequately justifying and explaining the lateness of an amendment and sufficiently addressing any potential prejudice caused to the other party by the timing (especially where there is a tactical advantage to the lateness for the delaying party); and reconciling duties under TMA 1994 with those of civil litigation more generally. Written by Amanda McDowall, legal director and Sophie Anim, associate, both at Lee & Thompson LLP. or take a trial to read the full analysis.

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