Effect of this is to confine the specification to

  • No School
  • AA 1
  • 26

This preview shows page 9 - 12 out of 26 pages.

effect of this is to confine the specification to goods which fall within the 40 description and which also were, at the time of registration, put in that class by the Registrar. Thus in GE Trade Mark 1 Graham J. held that a registration for "Electrical machinery included in this Class" did not cover electrical switchgear: even though it was admittedly electrical machinery it was not at the time of registration put in the class concerned. 45 Here I have no evidence from British Sugar suggesting that a spread product of the Robertson kind would, at the time of registration, have been put in Class At the time of registration by section 3 of the 1938 Act, continued now by section 34(2) of the 1994 Act. 7 [1969] R.P.C. 418 at page 458-459 Downloaded from by Makerere University user on 03 September 2019
Image of page 9
290 Jacob J. British Sugar Pic v. [1996] R.P.C. James Robertson & Sons Ltd. 30 by the Registrar. Nor do I think that likely, given that jellies and jams (to which the product is most akin) are within Class 29. Confirmation is provided by the fact that it is the Registrar's current view that the Robertson product falls within Class 29 and there is no evidence suggesting that there has been a change 5 of practice since 1992 when the British Sugar was registered. (b) Scope of section 10: must the defendant use the mark as a trade mark? Section 9(1) provides generally: 10 "The proprietor of a registered trade mark has exclusive rights in the trade mark which are infringed by use of the trade mark in the United Kingdom without his consent. 15 The acts amounting to infringement, if done without the consent of the proprietor, are specified in section 10." Section 10 then goes on to specify what amounts to infringement in various circumstances. These can be summarised thus (goods in this summary including 20 services): Same goods/same mark: section 10(1); Same mark/similar goods, and 25 similar mark/same or similar goods: section 10(2); Same or similar mark/dissimilar goods: section 10(3). 30 The first two of these provisions reads as follows: "10(1) A person infringes a registered trade mark if he uses in the course of trade a sign which is identical with the trade mark in relation to goods or services which are identical with those for which it is registered. 35 (2) A person infringes a registered trade mark if he uses in the course of trade a sign where because - (a) the sign is identical with the trade mark and is used in relation to 40 goods or services similar to those for which the trade mark is registered, or (b) the sign is similar to the trade mark and is used in relation to goods or services identical with or similar to those for which the trade mark is registered, 45 there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the trade mark." Both of these provisions (and section 10(3), with which I am not concerned) 50 begin with the words: Downloaded from by Makerere University user on 03 September 2019
Image of page 10
291 [No. 9]
Image of page 11
Image of page 12

You've reached the end of your free preview.

Want to read all 26 pages?

  • Fall '19
  • The Land, Makerere University, SONS LTD, James Robertson, Jacob J

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes
A+ icon
Ask Expert Tutors