The applications were brought based on three registrations of PROFESSIONAL SABATIER, LION SABATIER and 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.
Citations:
[2007] UKIntelP o21507
Links:
Jurisdiction:
England and Wales
Intellectual Property
Updated: 20 October 2022; Ref: scu.456758