Jurisdiction(s):
United Kingdom

EWHC (IPEC): TMA 1994 s 11A defence defeats easyGroup’s easyHire claim; strict proof of genuine use required—redirect sites and franchise materials insufficient

Published on: 23 December 2025

Published by a LexisNexis IP expert

Legal News

Article summary

easyGroup Ltd v Jaybank Leisure Ltd [2025] EWHC 3077 (IPEC) What are the practical implications of this case?

TMA 1994, s 11A is often relegated to a procedural afterthought, yet this ruling underlines that it operates as a potent weapon in litigation. The provision means, in essence, that a trade mark owner can restrain use of a sign only insofar as, on the day the infringement claim is issued, the registration would not be vulnerable to non-use revocation under s 46(1)(a) or (b). Once relied upon, a s 11A defence shifts a substantial evidential load onto the proprietor: the defendant does not have to establish non-use, while the proprietor must demonstrate genuine use in respect of every relevant service. In practice, s 11A resembles a proof-of-use requirement familiar from UK Intellectual Property Office opposition and invalidity actions. Although it reflects the non-use revocation regime in the TMA 1994, it is, strictly, a shield to infringement rather than a route to cancelling the registration, and success under s 11A will not, of itself, revoke the claimant’s trade mark. It therefore warrants careful consideration when drafting pleadings and assembling evidence at the outset of proceedings for both sides alike. In this matter,...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...