CLASS 46
Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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MONDAY, 11 JUNE 2012
Santa Lucia appeal allowed in Malta
Santa Lucia Products Limited ('Santa Lucia'), a well established Maltese company with an excellent reputation in the catering sector, applied in June 2009 to register the words ‘Santa Lucia’ as they appeared on a label specifically designed for them for goods in Class 16. The Comptroller of Industrial Property refused the application on the basis that a Spanish registered company, Santa Lucia, S.A. Compania de Seguros, which provided business management, financial services and consultancy, had already registered two allegedly similar trade marks -- ‘Santa Lucia, S.A. Compania de Seguros’ and ‘Seguros Santa Lucia’.
Tags: Malta, registrability,
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Santa Lucia appeal allowed in Malta
Santa Lucia argued that the Comptroller of Industrial Property was wrong to refuse its application: the earlier registered trade marks could not be regraded as similar, especially when considering their respective overall impressions. Even more so, there could never be any possible likelihood that the two trade marks could ever lead to confusion with the applied-for mark, it being well established that the average consumer normally perceives a mark as a whole and does not proceed to analyse its various details.
On 30 November, 2011, the Court of Appeal in Malta allowed Santa Lucia's appeal.
Source: Tanti-Dougall & Associates, Advocates, to whom Class 46 gives its thanks (note: this firm were legal advisors to Santa Lucia Products Limited in these proceedings).
Posted by: Blog Administrator @ 09.32On 30 November, 2011, the Court of Appeal in Malta allowed Santa Lucia's appeal.
Source: Tanti-Dougall & Associates, Advocates, to whom Class 46 gives its thanks (note: this firm were legal advisors to Santa Lucia Products Limited in these proceedings).
Tags: Malta, registrability,
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