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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TECHMEDIA (Trade Mark: Opposition) [1999] UKIntelP o28699 (23 August 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o28699.html
Cite as: [1999] UKIntelP o28699
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TECHMEDIA (Trade Mark: Opposition) [1999] UKIntelP o28699 (23 August 1999)
For the whole decision click here: o28699
Trade mark decision
- BL Number
- O/286/99
- Decision date
- 23 August 1999
- Hearing officer
- Mr M Reynolds
- Mark
- TECHMEDIA
- Classes
- 09
- Applicant
- Techmedia Europe Limited (formerly Techmedia Group Limited)
- Opponent
- Deutsche Telekom AG
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Opposition failed
Points Of Interest
- 1. The opponents appealed to the Appointed Person. See Mr Geoffrey Hobbs decision O/456/00 dated 28 September 2000.
Summary
The opponents owned registrations for their mark T-Media in Classes 9, 38 and 42 and claimed to have used their mark in the UK. As identical and closely similar goods/services were at issue the dispute rested on a comparison of the respective marks TECHMEDIA and T-MEDIA. The opponents claimed close visual and phonetic similarity but the Hearing Officer concluded that the respective marks were not similar visually or conceptually similar and that confusion was unlikely even taking into account imperfect recollection.
The opponents had also referred to other marks on the Register in Class 9, namely TERRAMEDIA , TRANSMEDIA, TRI-MEDIA and TRIMEDIA but the Hearing Officer felt no need to consider that aspect. However, he felt that the presence of such marks reinforced his decision.