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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MIPS (Trade Mark: Opposition) [2005] UKIntelP o08405 (29 March 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o08405.html
Cite as: [2005] UKIntelP o8405, [2005] UKIntelP o08405
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MIPS (Trade Mark: Opposition) [2005] UKIntelP o08405 (29 March 2005)
For the whole decision click here: o08405
Trade mark decision
- BL Number
- O/084/05
- Decision date
- 29 March 2005
- Hearing officer
- Mr J MacGillivray
- Mark
- MIPS
- Classes
- 41
- Applicant
- ITE Group Plc
- Opponent
- Reed Midem (Societe Anonyme)
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): - Opposition successful.
Points Of Interest
- 1. None
Summary
The opponent in these proceedings owns registrations of the marks MIP TV, MIP INTERACTIVE and MIP ASSET in a range of Classes including Class 41 where identical and similar services to those of the applicant are listed. The applicant conceded in its counterstatement that identical services were at issue but claimed that the respective trade marks were not similar.
In view of the applicant’s concession the Hearing Officer had only to compare the respective marks under Section 5(2)(b). He recognised that MIP is the distinctive element in the opponent’s composite mark and that it was likely that TV, INTERACTIVE and ASSET were likely to be seen as descriptive. As the elements MIP and MIPS are very similar the Hearing Officer concluded that overall the respective marks were very similar and that there was a likelihood of confusion of the public. Opposition thus succeeded on this ground.