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Are trade mark surveys dead, or just resting?

James Nurton, London

Are surveys in trade mark cases dead? That was the first question at the MARQUES/UCL-IBIL “Question the Trade Mark Judges” event last night

UCL IBIL PanelFor High Court judge Mr Justice Birss, one of the four panellists, the answer was clear: “Yes.”

“The Court of Appeal guidelines are very clear that surveys must be scrutinised very carefully,” he said, adding: “Most surveys don’t come up...

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