Can expert ignore trade mark (respondents) ?

[woohoo]

The Respondent to a DRS has a trade mark for over year or more and has used the domain for trading as per classes of the trade mark. It seems that effectively what the complainant is saying in their complaint is that the trade mark is worthless and only obtained to enable Respondent to own the domain name. This of course is untrue and denied, but is the expert allowed to ignore the trade mark ?
The complainant did not object to trade mark and seeks for the expert to do what the UK IPO wont do, set aside the TM.

K

 

[namealot]

As registration is not required to establish rights (Common law rights arise from actual use of a mark etc) so yes they can... Or not let it be used in theroy... really depends on the circumstances... e.g a business called xxx selling xxx can prove they have done so for x years company comes along and registers xxx don’t give them more rights in most cases... did they reg name then trademark ...?