Jurisdiction(s):
United Kingdom

Wise Payments v With Wise (IPEC): evidential burden for bad faith based on lack of intention to use; overbroad software specifications partially invalidated (UK trade marks)

Published on: 30 July 2025

Published by a LexisNexis IP expert

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Article summary

Wise Payments Ltd (formerly Transferwise Ltd) v With Wise Ltd and others [2025] EWHC 1722 (IPEC)

What are the practical implications of this case?

The central question concerns the onus on parties bringing or defending an invalidity claim premised on an absence of a bona fide intention to use the trade mark for some or all goods/services listed in the specification. The presumption is one of good faith. Therefore, a challenger must rebut that presumption to succeed. The evidential record must grapple with concrete facts that either directly overturn the presumption, or from which a court can properly infer facts that do so. In short, proof must target the intention to use at the relevant time.

Typically, this entails a careful review of the proprietor’s business as at the filing date, together with the reasonably foreseeable or natural directions in which that business might expand. Conduct after registration may illuminate what the proprietor intended at the date of application. A proprietor wishing to preserve the registration may submit evidence squarely addressing the challenger’s case and the supposed displacement of the presumption; for example, material establishing what its business in fact comprised at the relevant time, if it disagrees with that...

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