IN THE MATTER OF ANGUS WATSON & CO.'S APPLICATION FOR REGISTRATION OF A TRADE MARK

SupplerMnt. ] May 31,1911] THE ILLUSTRATED OFFICIAL JOURNAL (PATENTS). 313 Vol. XXVIII.] REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES. [No. 14. In the Matter of Angus Watson &: Oo.'s Application f01" repistration of a Trade Mark. Before MR. JUSTICE PARKER. March 8th and 9th, 1911. IN THE MATTER OF ANGUS WATSON & Co.'s ApPLICATION FOR 5 REGISTRATION OF A TRADE MARK. "Trade Mark.-Application to register.-Opposition.-Registration refused by the Registrar.-Appeal to the Oourt.-Appeal allowed and Reqistrar 'directed to proceed.-Trade Marks Act 1905, Sections 11 and 19. A. W. &: 00. applied for registration of a Trade Mark for preserved goods in. They were the registered owners oj the uiord "8kl,pper" for sardines in Class 42, and they had since 1908 soldtheir sardines under a label containing not only the words . , Skipper Sardines" or . , SkilJper Brand," but the head of a sailor ioitb a pipe in his mouth taken from a photograph of which they owned the copyright. The mark they now sought to register consisted of this picture 15 with the word "Sailor" underneath it. G. H. &: 00. opposed the Application. They had been since the year 1907 the registered owners of the word" Skipper" for all goods in Glass 42 other than sardines, and they had since 1894 sold tinned salmon under a registered label consisting of the picture of a seaman throioino a life-belt overboard with the words "Skipper Salmon" upon it. 20 They were also the registered owners of the word "Captain," and had sold tinned salmon under a registered label consisting of a picture of a seaman in oilskins and a piJJe in his mouth with the uiorde "Captain Brand" upon it. The opposition was based mainly on the ground that the picture proposed by the Applicants to be registered had become so associated in the public mind with 25 the word" Skipper" in connection with the sardines sold by theApplicanis-« they were in fact known as "Skipper Sardines "-that the public would inevitably call goods sold with this picture upon them "fJkipper goods," even though the word" Sailor" were printed upon or beneath it, and that thereby deception and confusion would be caused between the goods of the Applicants 30 and of the Opponents. The Registrar refused the Application. The Applicants appealed to the Court. Held, that having regard to the fact that the mark was one calculated to distinguish the Applicants' goods from those of everybody else, and that as a matter of fact the mark had become distinctive of the Applicants' sardines and 35 would be distinctive of the Applicants' goods if applied to other articles, no such confusion or deception was likely to ensue which would justify the Court in rejusing registration. The Registrar 'was accordingly directed to proceed. 10 Class 42. , This was an Application by Angus Watson &: 00. of Newcastle-upon-Tyne to register a Trade Mark under No. 313,314 in Class 42 in respect of "Preserved 40 " fish, preserved meats, preserved fruits and preserved vegetables." The mark proposed to be registered (which is subjoined) consisted of a representation of a bearded sea-faring man in a sou'-wester and with a pipe in his mouth, and the word" Sailor" printed underneath. The Applicants were the registered owners of Trade Mark No. 251,788, which the)' had used in connection with 45 sardines; and had done a large trade in sardines under this mark. A 2F T IN THE HIGH COURT OF JUSTICE.-CHANCERY DIVISION. Bupplemen'.] 314 THE ILLUSTRATED OFFICIAL JOURNAL (PATENTS). [May 31,1911 REPORTS OJ' PATENT, DESIGN, AND TRA.DE MAll.K CASES. In the Matter of Angus Watson & Co?» Application for registration . of a Trade Mark. tll3D. The Opponents objected to the proposed registration by the Applicants mainly 15 on the ground that the picture had become so associated in the public mind with the word" Skipper" in connection with the sardines sold by the Applicants-the sardines were in fact known and asked for as "Skipper Sardines "that the public would inevitably call goods sold with this picture upon them " Skipper goods," although the word "Sailor" appeared upon it. That, the 20 Opponents alleged, would lead to deception and confusion, because they were entitled to use, and did use, the word" 8kipper" and a picture of a seafaring man on tinned goods other than sardines. 'I'he evidence (which was by Statutory Declaration) is sufficiently referred to in the judgments of the Registrar and the learned Judge. 25 The Application came before the Registrar of Trade Marks who, on the 19th of December 1910, gave his decision on the Application as follows :" In this case Angus Watson & Co., of Newcastle on-Tyne, are applying " for the registration of a mark for ' Preserved fish, preserved meats, preserved representation of this mark will be found on page The registration was opposed by George Hooper & Co. Ld, of London, merchants and importers of preserved goods, who were the registered owners of a Trade Mark consisting of a bearded sea-faring man in oilskin coat and cap with a life-buoy in his hand. This mark had been registered by them in 1894 for preserved salmon in Class 42. This 5 label was always used with the words " Skipper Brand" upon it, although these words were not part of the registered Trade Mark. In 1907 they obtained registration of the word " Skipper" in Class 42 as an associated Trade Mark for canned goods, being canned meats, canned fruits, canned vegetables and canned fish, but not including sardines, The Opponents were also the registered 10 owners of a mark consisting of a bearded seaman, in oilskin coat and cap, with .a pipe in his mouth and the words" Captain Brand." This mark they also used for the sale of tinned salmon. They had also registered the word "CaptaiIl" alone as a Trade Mark for canned fish. SupplelJ'M'nt. ] May 31,1911] THE ILLUSTRATED OFFICIAL JOURNAL (PATENTS). 315 REPORTS OF PATENT, DESIGN, AND TRADE MA.RK CASES. In the Matter of Angus Watson &; Oo?« Application for registration of a Trade Mark. 2F2 S'Upple~nt.] 316 'rHE ILLUSTRArr~ED OFFICIAL JOURNAL (PATENTS). REPORTS OF PATENT, DESIGN, AND [May 31,1911 TRADE MARK CASES. In the Matter of Anqus Watson &; Oo.'s Application for registration of a Trade Mark. "fruits, and preserved vegetables,' in Class 42. The mark consists of the "head of a seafaring man with oilskins and sou'-wester and a pipe in his "mouth, and the word 'Sailor' underneath. The evidence showed pretty " clearly that the label was required principally for canned salmon. The " Applicants are the proprietors of the well-known brand of sardines known 5 "as 'Skipper' sardines, which are sold under a label having these words "and a representation of a seafaring man substantially the same as that "which they are now seeking to register. This label is their registered " Trade Mark No. 256,788 dated as of the 25th August 1903. 'I'he Application "is opposed by George Hooper &; Co., of London, on the ground that they 10 "are the registered ow (...truncated)