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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> JUDGE SABATIER device STELLAR SABATIER device (Trade Mark: Invalidity) [2007] UKIntelP o21507 (1 August 2007) URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o21507.html Cite as: [2007] UKIntelP o21507 |
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For the whole decision click here: o21507
Result
Application for invalidation failed
Points Of Interest
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.
