IN THE MATTER OF AN APPLICATION FOR THE REGISTRATION OF A TRADE MARK BY BROWN, WILLS & NICHOLSON

171 No.5] REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES [Vol. XLI. In the Matter of an AppUcation for the Registration of a Trade MarT• . by Brown, WiUs & Nicholson. Before THE COMPTJI.OLLER-GENERAL. June 29th, 1923. Ili THE MATTER OF AN APPLICATION FOR THE REGISTRATION OF A TRADE MARK BY BROWN, WILLS & NICHOLSON . Trade Mark. -AppUcatio n for registratio n.- Opposition. --Registrati on allowed conditionally on restriction to certain goods.-Trad e Marks Acts, 1905-1919; Sections 9 and 11. An Application was made to register the word " Sardovy '' in Class 42 in respect of substances used as food or as ingredients in food. The Application· 10 was opposed on the grounds that the Mark was objectionabLe to traders in . canned fish, that it was calcuLated to deceive if used on any goods not consisting Prior to of real sardines, and that it was n~t a registrable Trade Mark. opposition the Applicants offered to rest~~eir goods to a miret"!r~ ~f !ardin,cs .:,. and anchovies. 15 20 2L 30 35 Reid, that " §!!r_.d,Q'!'JI. ·: was an invented word tmd was. not deOi!.IJti'!4.D.. when used upon the proposed ·restricted goods. Registration was allowed in respect of a miicture of s·araines and anchovies. Brown, Wills & Nicholson, wholesale grocers, made an Application (N.o 427 ,557) for the registration of a Mark consisting of the word " Sa.rdovy · • in Class 42 in respect of substances used as food or as ingredients in food. The Application was opposed by Pierre Constant Lemy, President of ~e Syndicate National des Fabricants Frant;ais de Conserves de Sardines et. autrt!s Poissons, on the grounds that " Sardovy " WaJS a. combination of the prefix of SB.rdine and the suffix of Anchovy, that· it was nqt an invented word, that it was calculated to deceive and was objectionable to traders in canned fish. T. McKenna (of McKenna & Co.) appeared for the Applicants, aru:l E. J. Trustram (of Halse, Trustram & Co.) appeared for the Opponent. The decision of the COMPTROLLER-GENERAL, after stating the facts above set out, continued as follows:I have carefully considered this case and I have come to the conclusion that th~ Mark should be registered, subject to the limitation of the goods aa offered by the Applicants. I think the word " Swdovy " is clearly an invented word, the derivation of which h~ probably as the Opponent suggestS. It is quite a common thing for Applicants for registration to submit words which suggest as closely as possible the goods in respect <Jof which regis.tra.tion is desired. If 172', No.5] REPORTS OF PATENT, DESIGN: AND TRADE MARK CASES [Vol. XLI. In the Matter of an Appl.ication for the Rlegistration of a Trade Mark by Brown, Wills & Nicholson. such words are invented words, then they are acceptable for registration under Section 9 of the Acts. I am of opinion that " Sardovy " is a new word not in use in the trade, and that there is sufficient invention to bring it within Section 9 (3). As regards deception, the Applicants have stated their intention of using this word only upon a mixture of sardines and anchovies; and I am unable to hold that such user upon such goods will be in any way deceptive. The Opponent quite properly desires that the term " Sardine " should only be applied to the pilchard, which is the sardine proper, and this was apparently the main ground of his opposition. With the limitation of goods to a sardine and anchovy paste, any possible danger of deception on this ground will he removed, Of the cases referred to, the "Chocaroous" case" may at first sight, a.pp,ear to support the Opponent's view that, " Sardovy " ought not to he considered an invented word. It is, however, clear from the report that the word " Chocaroons ., was refuged registration mainly because tbe action 01 the applicants in using the word as the name of a new article had destroyed its registrability as a trade mark. In the present case the Application is in respect of all goods in Class 42, but, if the goods are restricted as suggested by the Applicants, the registration will be in respect of a mixture or real sardines and anchovies which is not a new- article but, a known mixture. The word " SaJ."dovy," if properly used as a tirade mark will, therefore, denote, the Applicanta' brand of the known mixture. I decide, .t.herefore, to allow registration of the Mark in respecf of a, mixture of sardines and anchovies. 5, 10 15 20 IN THE HIGH COURT OF JUSTICE-CHANCERY DIVISION. Before MR. JUSTICE ASTBURY. 25 November 30th and December 7th, 1923. IN THE MATTER OF THE PATENT OF KENT AND OTHERS. Patent. Application by Originating Surnrnons for extension.-LOS8 due to hostilities.-Evidence.-Four years extension g1:anted.-Patents and Designs Act8 1907 and 1919', Section. 18, Sub-section (6). 30 The owners of a Paieni , granted in respect of an invention of " Improve" mente in Mercury, or other Vapour Electric Lamps," applied by Oriqinatinq * Application by Williams's is; (1917) 34 R.P.C. 197.  (...truncated)