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.

Full decision O/084/05 32Kb