Trade mark decision

BL Number
Decision date
17 February 2003
Hearing Officer
Mr G Salthouse
Registered Proprietor
Razmik Gharibian
Applicants for Declaration of Invalidity
Sergio Rossi SPA
Application for Invalidation
Section 47(2)(a) (Section 5(2)(b))


Application for invalidation Section 5(2)(b) - Failed

Points Of Interest

  • Comparison of the marks SERGIO ROSSI v LEO ROSSI


The applicants for invalidation were proprietors of the CTM registration SERGIO ROSSI, in Class 25.

The Hearing Officer found, first, that the respective goods were identical or very similar, and the applicants' mark had a high capacity to distinguish the goods of the undertaking.

There were both visual and phonetic similarities in the marks LEO ROSSI & SERGIO ROSSI and also visual and phonetic differences.

Despite these findings, however, the Hearing Officer having considered all the factors, found that there was no likelihood of confusion. He concluded that there was no evidence to support the applicants assertion that the average consumer would expect a commercial connection between enterprises trading under the marks LEO ROSSI and SERGIO ROSSI.

The application for invalidation failed.

Full decision O/045/03 PDF document23Kb