This case is the largest consolidated trademark proceedings to date as the UKIPO determined more than 30 consolidated revocation, invalidation and opposition actions between House of Fraser Brands Limited (“HOF”) and Frasers Property Limited (“FPL”). HOF’s rebrand to FRASERS was not as successful as envisaged as the brand protection they were seeking suffered a significant loss of scope in the UK - most notably sectors which FPL was already established in such as real estate, financial services and accommodation.
In relation to FPL’s revocations, the Registrar found that the use of HOUSE OF FRASER was limited outside of the context of retail services and FRASERS was not a permitted variation of HOUSE OF FRASER. FPL was overall, successful in protecting their marks because of its genuine use of its marks in these sectors.
It also found that HOF reputation was not sufficient to displace FPL in the property and hospitality sectors, in dismissing HOF’s invalidation claims.
FPL was successful in its oppositions and prevented significant parts of HOF’s registration of HOF’s FRASERS and FRASERS GROUP FINANCIAL SERVICES in property, financial and accommodation classes and the Registrar found that registration would have likely caused confusion between the two parties in those sectors.
Full judgment: https://www.ipo.gov.uk/t-challenge-decision-results/o030126.pdf
