British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PLASMA MAGENTA (Trade Mark: Opposition) [2005] UKIntelP o09505 (8 April 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o09505.html
Cite as: [2005] UKIntelP o09505, [2005] UKIntelP o9505
[New search] [Printable PDF version] [Help]
PLASMA MAGENTA (Trade Mark: Opposition) [2005] UKIntelP o09505 (8 April 2005)
For the whole decision click here: o09505
Trade mark decision
- BL Number
- O/095/05
- Decision date
- 8 April 2005
- Hearing officer
- Mr M Reynolds
- Mark
- PLASMA MAGENTA
- Classes
- 09, 38
- Applicants
- Synapsys Limited
- Opponent
- Deutsche Telekom AG
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) : - Opposition successful.
Points Of Interest
- 1. Comparison of the goods/services : "complementary in nature and addressed at broadly the same end user".
- 2. Comparison of the marks MAGENTA v PLASMA MAGENTA.
Summary
The opposition was based on a registration of the mark MAGENTA, in a number of classes.
After a detailed comparison of the goods/services the Hearing Officer concluded that there was similarity. The similarity was "by no means at the uppermost end of the scale but they (were) strongly complementary in nature and addressed at broadly the same end user".
Having compared the marks, and on a global appreciation, the Hearing Officer found a likelihood of confusion.
The Section 5(2)(b) opposition succeeded accordingly.