Trade mark decision
- BL Number
- O/045/03
- Decision date
- 17 February 2003
- Hearing Officer
- Mr G Salthouse
- Mark
- LEO ROSSI
- Classes
- 25
- Registered Proprietor
- Razmik Gharibian
- Applicants for Declaration of Invalidity
- Sergio Rossi SPA
- Application for Invalidation
- Section 47(2)(a) (Section 5(2)(b))
Result
Application for invalidation Section 5(2)(b) - Failed
Points Of Interest
- Comparison of the marks SERGIO ROSSI v LEO ROSSI
Summary
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 
23Kb
