Trade mark decision

BL Number

O/159/04

Decision date

4 June 2004

Hearing officer

Mr G Attfield

Mark

GUZZANTI

Classes

07, 09, 11, 21

Registered Proprietor

Tvrdìk Miroslav

Applicants for a declaration of Invalidity

Fratelli Guzzini S.P.A

Application for Invalidation

Section 47(2) (citing Sections 5(2)(b) & 5(4)(a))

Result

Application for invalidation, Section 47(2) (citing Sections 5(2)(b) & 5(4)(a)): - Refused.

Points Of Interest

• Comparison of the marks GUZZINI v GUZZANTI : not similar.

Summary

The registered proprietor of this international trade mark registration did not file a counterstatement. The presumption of validity (Section 72), however, prevented any summary removal of the registration. The Hearing Officer therefore went on to consider the case put forward by the applicant, who was the proprietor of the mark GUZZINI, registered in Class 21.

The Hearing Officer quickly dismissed the application under Section 5(4)(a), as no evidence bearing on any of the elements of a passing-off action had been provided.

He therefore turned to consider the matter under Section 5(2)(b). In this he had first to compare the marks GUZZINI and GUZZANTI; (the applicant had claimed that the mark in suit was actually GUZZNTI and had been incorrectly recorded by the Trade Marks Registry; the Hearing Officer, however, noted that the Registry had correctly used the official representation placed upon the mark by the WIPO).

The Hearing Officer, having compared the marks, found little similarity and he did not go on to compare the goods.

The application for invalidation failed accordingly.