The Cyprus Supreme Court (Full Court) has delivered its judgment in the Jaguar case, refusing the application of a Swiss watch manufacturer to register the word «JAGUAR» in plain capital letters as a trademark in class 14 in regard to watches and parts.

The Registrar of Trademarks initially endorsed the publication of the trademark on the condition that the car manufacturers of the Jaguar brand were duly notified. This notification resulted to the filing of an objection by the UK based Jaguar Group, who relied on their registered trademarks in classes 12 (cars) and 37 (car service and parts) and alleged possible confusion. In ensuing administrative proceedings, the Registrar dismissed the objection and resolved in favour of the registration on the ground that the registered trademarks of the car manufacturers hailed no reputation in the watch industry and there was evidence satisfying the their was an apt danger of confusion.

This judgment, although initially endorsed at first instance, was reversed by the Supreme Court on appeal. The Court  resolved that all requisites of article 14(1)(c) of the Trade Marks Act  were met and, accordingly, the Registrar had a duty to examine whether the applicant would acquire a benefit from or could cause harm on the reputation of the JAGUAR brand which was previously registered by the appellants as related in the car sector. This test, which is  always relevant where the matter in issue involves an identical trademark for non identical or similar goods, was not applied by the Registrar and hence the relevant administrative decision was flawed. In addition, the Supreme Court ruled that Article 6b of the Paris Convention cannot be interpreted as enabling the holder of a world wide known trademark to rely on this fact in order to secure registration.