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How courts view surveys in trade mark cases

Surveys in trade mark cases have come under increased scrutiny from courts lately. Uwe Lüken, Peter Brownlow and Nick Aries review recent developments in Germany and the UK

In Germany and the UK, survey evidence has been used as evidence in court and Registry proceedings relating to trade marks, particularly as support for arguments as to distinctiveness and likelihood of confusion. Tribunals in both countries have, however, had...

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