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.

Full decision O/095/05 PDF document939Kb