Abanka d. d. v Abanca Corporación Bancaria, S. A. [2017] EWHC 2428 (Ch), [2017] All ER (D) 80 (Oct)
A hearing officer had revoked two of the appellant’s international trade mark registrations for the word ‘ABANKA’ (concerning financial services) and she had dismissed the appellant’s opposition to the respondent’s application to register the mark ‘ABANCA’. The Chancery Division, in allowing the appeal in part, held that the hearing officer’s overall approach to the central issues had been within the range of reasonable ways of applying the general guidance of the authorities to the evidence before her, save in respect of her decision on use of the ABANKA marks concerning the London Stock exchange listing of Eurobonds in 2009. The court held that the use of the ABANKA marks in relation to such bonds sold in the UK amounted to use of the marks in the UK. Accordingly, the appeal was allowed to that limited extent.
