Local use and invalidations: when use can defeat a registration
In Caspian Pizza Limited v Shah ( EWCA Civ 1874), the Court of Appeal has considered the question of unregistered use and when it can be used to defeat an existing registration. The Court of Appeal held that localised unregistered use may be sufficient to invalidate a registered trademark, even if the date of first use of the registered trademark predates that of the unregistered use.
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