O2 Holdings Ltd & Anor v Hutchison 3G UK Ltd

Mr. Richard Arnold QC and Ms Marie Demetriou (instructed by Messrs Wragge & Co) for the Claimants Mr. Mark Platts-Mills QC and Mr. James Abrahams (instructed by Messrs Lewis Silkin) for the Defendant Hearing dates: Tuesday, 1st and 2nd March 2005 ____________________

Article 3.2 provides that Member States may provide that a trade mark shall not be registered or if registered shall be liable to be declared to be invalid where and to the extent that:

Thus s.10(2) and s.10(3) correspond, respectively, to Articles 5.1(b) and 5.2 of the Directive.

There is no provision in the Trade Mark Directive, whether in Article 6 or elsewhere, corresponding to s.10(6). It is this omission which prompts question 5 as set out in the appendix to this judgment.

S.47 provides that a mark may be declared to be invalid on the ground that it was registered in breach of s.3.