Re Ducker's Trade Mark
| Jurisdiction | England & Wales |
| Date | 1929 |
| Year | 1929 |
| Court | Court of Appeal |
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20 cases
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Imperial Group Ltd (Plaintiffs v Philip Morris & Company Ltd (Defendants
...Section 32 is available when there is no intention to use: see In re Batts' Trade Mark, (1898) 15 Reports of Patent Cases, 534; Re Ducker's Trade Mark, (1928) 45 Reports of Patent Cases, 397 and Re Huggars Trade Mark, (1979) Fleet Street Reports, 310. Section 26 provides relief when there h......
- Suyen Corporation v Americana International Ltd (No 2)
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Goodman Fielder Pte Ltd v Conga Foods Pty Ltd
...it means a resolve or settled purpose which has been reached at the time when the mark is to be registered’: see Re Ducker’s Trade Mark (1928) 45 RPC 397 at 123 It is not sufficient if the intention is “merely speculative” or of “an uncertain or indeterminate possibility: Optical 88 Limited......
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Victoria's Secret Inc v Edgars Stores Ltd
...but a resolve or settled purpose which has been reached at the time when the mark is to be registered' (In re Ducker's Trade Mark [1929] 1 Ch 113 (CA) at 121). (At 736J-737B and Since a trade mark is a purely territorial concept, the proprietorship, actual use, or proposed use of a trade ma......
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1 books & journal articles
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Creation of a Trade Mark in South African Law: a View with some Unconventional Elements
...but a resolved or settled pur pose” (745F) In t his regard, the court adop ted dicta from an English ca se, In re Ducker’s Trade Mark [1929] 1 Ch 113 (CA) 121)88 The intention t o register is implie d: creation of a trade m ark by the proposal t o use a symbol is a prelim i-nary step i n th......