Trade mark decision

BL Number

O/215/07

Decision date

1 August 2007

Hearing Officer

Mr M Foley

Mark

JUDGE SABATIER & device STELLAR SABATIER & device

Classes

08, 21

Registered Proprietors

Horwood Homewares Ltd

Applicants for a declaration of invalidity

Rousselon Freres et Cie

Application for invalidation

Section 47(2)(a) (citing Section 5(2)(b))

Result

Application for invalidation failed

Points Of Interest

• 1. Stay of proceedings.
• 2. Comparison of the marks; common element SABATIER used by many.
• 3. Honest concurrent use; parallel trading; absence of confusion.

Summary

The applications were brought based on three registrations of PROFESSIONAL SABATIER, LION SABATIER & SABATIER. The Hearing had first to deal with an application for a stay of proceedings pending the outcome of invalidation proceedings launched against the applicants’ earlier marks. In the result he refused a stay and proceeded to a consideration of the main matter.

The question of similarity in the marks centred around the presence of the word SABATIER in all of them. This word however (although distinctive in itself) was incorporated into a number of marks used by different traders. This was likely to focus attention on the other elements and overall there was no likelihood of confusion. The application for invalidation failed accordingly.

Full decision O/215/07 205Kb