UKIPO Decides Major Frasers Consolidated Dispute

A recent UK Intellectual Property Office decision has resolved the largest set of consolidated trade mark proceedings on record. In Frasers Property Limited v House of Fraser Brands Limited and others, the Registrar handled more than thirty revocation, invalidity and opposition actions involving marks incorporating the name Frasers. The outcome included partial revocations for non-use, limited findings of bad faith, and the partial refusal of several applications by House of Fraser in property, financial and accommodation classes. The Registrar found genuine use of HOUSE OF FRASER mainly in retail services and accepted its reputation for department store services, but held that this did not prevent Frasers Property from protecting its position in its core sectors. Likelihood of indirect confusion was established in overlapping areas. The ruling underscores the importance of clear evidence of use and the limits of reputation-based claims in multi-action cases.

Small businesses should maintain detailed records of trade mark use across all relevant classes to withstand future challenges.