Gary Hambyln v Jeremy Hoye O-211-16
David appeared on behalf of the Applicant, who had applied to cancel a trade mark consisting of the name of the Proprietor registered in respect of items of jewellery. The Applicant opposed the Proprietor’s registration under s. 5(4)(a) of the Trade Marks Act 1994 on the basis that he was the owner, through a chain of assignments, of the goodwill in a jewellery business which traded under the Proprietor’s name. The application for cancellation of the Proprietor’s registration was successful.