Company's trademark request dismissed

Mr Justice Giannino Caruana Demajo, sitting in the First Hall of the Civil Court, has dismissed a request filed by the foreign company Seven Spa objecting to the filing of a trademark consisting in a label containing the word "seven".

Seven Spa filed its writ against another foreign company, Evans Ltd, represented in Malta by Joseph Mifsud. Seven Spa claimed that defendant company had applied to register a trademark consisting in the name "seven" together with the number 7 in Malta.

Plaintiff company objected to the registration on the grounds that the proposed trademark was not sufficiently different from the trademark already registered in plaintiff company's favour.

The court was therefore requested to forbid the registration of this trademark.

Mr Justice Caruana Demajo pointed out that plaintiff company's trademark did not consist of the word "seven" nor of the number 7 but of the two together as distinctively reproduced.

After examining the two trademarks the court was of the opinion that they did not resemble each other enough so as to be indistinguishable from each other.

Plaintiff company's writ was therefore dismissed.

Dr Luigi Sansone was counsel to plaintiff company.

Dr Melvyn Mifsud was counsel to defendant company.