Section 48(1)

Where the proprietor of an earlier trade mark or other earlier right has acquiesced for a continuous period of five years in the use of a registered trade mark in the United Kingdom, being aware of that use, there shall cease to be any entitlement on the basis of that earlier trade mark or other right— unless the registration of the later trade mark was applied for in bad faith. to apply for a declaration that the registration of the later trade mark is invalid, or to oppose the use of the later trade mark in relation to the goods or services in relation to which it has been so used,

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Source: legislation.gov.uk · retrieved 2026-09-04