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Baker & McKenzie - Old stumbling block of the “person aggrieved” requirement for non-use removal actions

Baker & McKenzie reports that a recent Trade Marks Office decision demonstrates that the requirement for an applicant for removal of a trade mark for non use must be a “person aggrieved” can still be a stumbling block for applications filed before the requirement was abolished by the Trade Marks Amendment Act 2006 with effect from 23 October 2006.

According to Baker & McKenzie, the evidence that the trade mark in question (VOYAGER) was blocking the applicant’s application for a trade mark (VOYAGER CLUB), was insufficient to afford the applicant the status of a “person aggrieved”, without extra information that might establish that the applicant was “appreciably disadvantaged in a legal or practical sense”.

Baker & McKenzie notes that removal of the person aggrieved requirement now enables dead wood to be cleared from the Register much more easily.

Baker & McKenzie - Old stumbling block of the “person aggrieved” requirement for non-use removal actions


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