Trade mark decision

BL Number

O/282/04

Decision date

15 September 2004

Hearing officer

Mr Geoffrey Hobbs QC

Mark

GUZZANTI

Classes

07, 09, 11, 21

Applicant for Invalidity

Fratelli Guzzini SPA

Registered Proprietor

TvrdikMiroslav

Appeal to the Appointed Person against the findings of the Registrar's Hearing Officer in invalidation proceedings.

Result

Appeal dismissed; no order as to costs

Points Of Interest

• Comparison of the marks; GUZZINI v GUZZANTI; linguistic affinity but "presentational differences" just sufficient to endorse the Hearing Officer's findings.

Summary

At first instance (see BL O/159/04) the Hearing Officer had found little similarity between the marks GUZZINI and GUZZANTI and the application for invalidation citing Section 5(2)(b) had failed accordingly. The applicants appealed to the Appointed Person. The Appointed Person whilst not endorsing the Hearing Officer's approach to his evaluation of the marks, and noting the linguistic affinity these marks possessed, in the result endorsed the Hearing Officer's eventual conclusions, but solely on their "presentational differences" (both marks were stylised and one was accompanied by a device) and in view of the provisions of Section 72.

The appeal was dismissed, with no order for costs.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o28204.html