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UK IP weekly: Court of Appeal on variant trade marks and revocation; IPO crime intelligence gateway; IPEC small claims guidance; IPO-IPOS MoU (14 August 2025)

Published on: 14 August 2025

Published by a LexisNexis IP expert
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In this issue:

  • Trade marks/passing off
  • General IP
  • Daily and weekly news alerts
  • New and updated content
  • Dates for your diary
  • Trackers
  • Useful information

Trade marks/passing off

Court of Appeal provides guidance on variant trade marks and revocation actions in easyGroup cases (easyGroup Ltd v Easy Live (Services) Ltd; easyGroup Ltd v Easyfundraising Ltd)

Two Court of Appeal rulings, in easyGroup Ltd v Easy Live (Services) Ltd [2025] EWCA Civ 946 and easyGroup Ltd v Easyfundraising Ltd [2025] EWCA Civ 1000, deliver welcome clarity on separate trade mark infringement claims first brought by easyGroup Limited (easyGroup) against Easy Live (Services) Ltd and Easyfundraising Ltd (and others). At first instance, the judges arrived at divergent outcomes on the defendants’ counterclaims, which included assertions that easyGroup’s stylised EASYLIFE mark had not been genuinely used and should be revoked for non-use. The Court of Appeal has, in particular, offered further direction on: (i) use of variant versions of a registered trade mark (section 46(2) of the Trade Marks Act 1994 (TMA 1994)); and (ii) partial revocation of a specification (TMA 1994, s 46(5)). This resolves uncertainty stemming from the inconsistent first instance findings and sets a clearer approach for future non-use challenges...

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