Merck KGaA v Merck Sharp & Dohme

Merck KGaA v Merck Sharp & Dohme – Pharmaceutical trade marks partially revoked for non-use despite use across large breadth of the specification

The High Court has handed down its second judgment in  Merck KGaA v Merck Sharp & Dohme ([2020] EWHC 1273 (Ch)), the long-running dispute between two pharmaceutical companies regarding use of the MERCK trade mark.

In this article, we look at the High Court’s decision to partially revoke four of Merck KGaA’s (MRK: DE) registered trade marks on the basis of non-use. The approach taken by the court in this case provides an indication of how courts and tribunals might resolve future disputes relating to pharmaceutical trade marks. It therefore provides useful insight to those applying for and managing pharmaceutical trade mark portfolios in the UK and EU.