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ARTICLE · 22 NOVEMBER 2022

Need UK Representation? A Marco Polo Journey

Marks & Clerk
Marks & Clerk
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Marks & Clerk

Marks & Clerk

Marks & Clerk LLP was founded in 1887 by George Croydon Marks, who was joined in partnership by...

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The recent Marco Polo case has some pretty mitigating circumstances but the result could allow many cases without such mitigating circumstance to be brought back from the brink.

United KingdomIntellectual Property

The recent Marco Polo case has some pretty mitigating circumstances but the result could allow many cases without such mitigating circumstance to be brought back from the brink.

In the case (here) my partner, Kirsten Gilbert, and I pleaded that owing to various circumstances outside of the control of the proprietor and the current practice of the UKIPO dealing with UK address for service for International Registrations designating the UK, that it was not in a position to defend an invalidation action filed against it. In brief summary, the proprietor was served invalidation papers by the UKIPO to its registered Australian address, which happened to be the proprietor's accountant's address whose physical offices were closed due to a government lockdown for the duration of the proceedings. In light of this, no defence was filed and the proprietor's registration was cancelled pending appeal.

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