Abstract
Abstract H1 Trade marks – Invalidation proceedings – Certification marks - Indications of quality - British Standards kitemark – Application for registration as a ordinary trade mark - Capacity to distinguish - Whether devoid of distinctive character – Relevance of pre-application use - Perception of the relevant public as at date of filing - Whether serving as a badge of origin – Whether descriptive of characteristics of goods or services - Whether distinctiveness acquired through use - Public policy – Deceptive marks - Bad faith –– Lack of intention to use as indicator of origin across full width of specification – Partial invalidity - Reference to CJEU ongoing in other proceedings
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